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MisconceptionObserved in bank

Drunk Means No Intent

This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”

Subject distribution

  • Criminal Law1

Example wrong choices

  • 17151_carol_program · CRIMINAL_LAW · Choice ANo, because this battery is a strict-liability offense.

    Why it's attractive

    It preserves the correct no outcome, so it feels safe after the student rejects the yes answers. The breaker is that the stem itself says this battery requires intentional contact, so strict liability contradicts the call facts.

    Why it's wrong

    The stem says the offense requires intentional offensive contact, so strict liability contradicts the stem.

    Spot it next time

    Compare strict liability to the stem's intentional-contact requirement.

  • 17151_carol_program · CRIMINAL_LAW · Choice CYes, because intoxication negates any intent formed while drunk.

    Why it's attractive

    It converts the real intoxication idea into a global rule, which sounds intuitive when a person is drunk. The breaker is the Gold Key distinction: voluntary intoxication does not wipe out general intent.

    Why it's wrong

    The answer overclaims by saying intoxication negates any intent formed while drunk.

    Spot it next time

    Mark 'any intent' as an overclaim and classify the offense.

  • 17151_carol_program · CRIMINAL_LAW · Choice DYes, but only if Martha can show that she does not remember swinging the program.

    Why it's attractive

    It gives the student a concrete proof hook, no memory, which sounds like missing intent. The breaker is that later memory is not the same axis as intent at the moment, and the Gold Key still blocks voluntary intoxication for general-intent battery.

    Why it's wrong

    The answer invents a no-memory threshold and shifts away from intent at the moment of contact.

    Spot it next time

    Ask what the call tests: defense availability, not recollection.

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