CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Saturday, August 25, 2007

CrimProf Richard Klein Discusses Intoxication and Murder Acquittals

R_kleinFrom Touro Law Center CrimProf Richard Klein recently discussed intoxication and acquittal of murder charges in relation to a New York state appellate court's decision to reverse the murder conviction of a Coram man whose stabbing of a 20-year-old woman was caught on a tape of her 911 call, ruling that the jury should have been allowed to consider the man's drunkenness when deciding whether he intended to kill her.

CrimProf Klein said although a defendant cannot be acquitted of murder if found to be drunk, the law does allow a juror to consider intoxication in finding reasonable doubt and could reduce the crime to manslaughter, which carries a maximum sentence of 25 years.

"It's very rare, but it does occur," said Klein. "Most jurors will say that the defendant got themselves intentionally intoxicated, and he's responsible for whatever resulted."

Klein said the reversal should not be a major hurdle in convicting Smith again, as long as a judge properly instructs jurors. Rest of Article. . . [Mark Godsey]

CrimProfs | Permalink

TrackBack URL for this entry:

Listed below are links to weblogs that reference CrimProf Richard Klein Discusses Intoxication and Murder Acquittals:

» Side effects of the drug nexium. from Nexium.
What is nexium 40mg use for. Nexium. [Read More]

Tracked on Aug 28, 2009 7:32:02 AM

» Oxycodone. from Acetaminophen oxycodone 500 5 cap.
Oxycodone extraction gel. Oxycodone stomach problems. Oxycodone. [Read More]

Tracked on Sep 1, 2009 9:04:19 PM


Post a comment