What is the test for intoxication in a criminal case?

California, United States of America


The following excerpt is from People v. Johnson, 197 Cal.Rptr.3d 353, 243 Cal.App.4th 1247 (Cal. App. 2016):

"If the court gives any instruction at all on the relevance of intoxication (see People v. Castillo [ (1997) ] 16 Cal.4th [1009,] 1014 [68 Cal.Rptr.2d 648, 945 P.2d 1197] [no sua sponte duty to instruct on intoxication] ), it might simply instruct that the jury may consider intoxication in determining whether a defendant tried as an aider and abettor had the required mental state. It might also instruct that the intoxication evidence is irrelevant on the question whether a charged crime was a natural and probable consequence of the target crime. The court would not additionally be required to parse out those elements of each crime charged for which the evidence could be considered or distinguish between the knowledge and the intent requirements." (Mendoza, supra, 18 Cal.4th at p. 1134, 77 Cal.Rptr.2d 428, 959 P.2d 735.)

Other Questions


Is a parent, relative, or co-habitant of a defendant in a criminal case outside the scope of marital privilege in criminal cases? (California, United States of America)
What is the significance of evidence of voluntary intoxication in a criminal case? (California, United States of America)
What is the test for evidence of voluntary intoxication in a criminal case? (California, United States of America)
How have the voir dire questions in a criminal case been interpreted by the trial court and the prosecutor in this case? (California, United States of America)
Is intoxication an aggravating factor in a criminal case? (California, United States of America)
In a criminal case, is there any case law in which a jury has been ordered to conduct cross-examination of evidence in the penalty phase? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
How have the cases of two separate sexual assault cases been determined to be cross-admissible under section 1101 of the Criminal Code? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.