Intoxication
This trap appears as a wrong-answer choice in 2 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL2
Example wrong choices
18812_joppa_deacon_burglary · CRIMINAL · Choice AIt provides no defense because voluntary intoxication is never a relevant consideration for determining a defendant's mens rea.
Why it's attractive
Incorrect because voluntary intoxication IS relevant to specific intent elements.
Why it's wrong
Incorrect because voluntary intoxication IS relevant to specific intent elements.
18812_joppa_deacon_burglary · CRIMINAL · Choice BIt serves as a defense only if Timothy can prove that his intoxication was caused by another's trickery or coercion.
Why it's attractive
Incorrect because the defense applies to voluntary intoxication for the purpose of negating specific intent.
Why it's wrong
Incorrect because the defense applies to voluntary intoxication for the purpose of negating specific intent.
18812_joppa_deacon_burglary · CRIMINAL · Choice DIt results in an automatic acquittal for any and all criminal offenses arising from his entry into the room.
Why it's attractive
Incorrect because the defense only negates the specific element, not overall criminality.
Why it's wrong
Incorrect because the defense only negates the specific element, not overall criminality.
21605_joppa_balcony_malice · CRIMINAL · Choice AYes, because voluntary intoxication prevents a defendant from forming any level of malice required for a murder conviction.
Why it's attractive
Incorrect because voluntary intoxication only potentially negates specific intent, not general malice or recklessness.
Why it's wrong
Incorrect because voluntary intoxication only potentially negates specific intent, not general malice or recklessness.
21605_joppa_balcony_malice · CRIMINAL · Choice CNo, but only because the law dictates that voluntary intoxication is never a relevant consideration for any criminal offense.
Why it's attractive
Incorrect because intoxication IS relevant to specific-intent crimes.
Why it's wrong
Incorrect because intoxication IS relevant to specific-intent crimes.
21605_joppa_balcony_malice · CRIMINAL · Choice DYes, because depraved-heart murder is a specific-intent crime that requires a clear-headed purpose to kill.
Why it's attractive
Incorrect because depraved-heart murder is NOT a specific-intent crime.
Why it's wrong
Incorrect because depraved-heart murder is NOT a specific-intent crime.
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