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Article: Alcohol consumption and the liability of offenders in the German criminal system
- Article from:
- Contemporary Drug Problems
- Article date:
- January 1, 1996
- Author:
CopyrightCopyright Federal Legal Publications, Inc. Winter 1996. Provided by ProQuest LLC. (Hide copyright information)
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The recent Canadian criminal case of Daviault v. R. with its subsequent decision handed down by the Supreme Court has sparked a substantial discussion around the issue of liability of offenders in a state of intoxication at the time of offense. The critical question involves whether offenders-finding themselves in a state of altered consciousness due to the intake and effects of psychoactive substances-can be held legally responsible for the act in harmony with the prevalent legal principles around "guilt." This legal dilemma becomes prominent in a wide variety of cases of criminal violence, but it assumes a particularly crucial and complex significance in the context of sexual assault ...