Question 21 & 22 Essay Example | Topics and Well Written Essays - 750 words

Question 21 & 22 - Essay Example When an individual conducts an action such as abusing drugs and alcohol without being coerced into consumption of these substances, the act is recognized as voluntary and this leads the act is said to have conformed to the requirements of voluntary act (Singer, 2007, p.501). Actions that are caused due to the act of voluntary intoxication can not be defended through voluntary intoxication defense until and unless that act of intoxication has prevented the defendant from creating the intention of crime needed for a particular criminal act. If the defendant has committed an act that is regarded as reckless in nature, the defendant might even fail to gain the clause of imperfect defense (Delaney, 2004, p.423). For example: Before an individual drank a bottle of alcohol, a drug that results in the unconsciousness of the consumer is added to the bottle of alcohol. The individual consumes the drug mixed alcohol and enters into an unconscious state and in that unconscious state he/she ends up nearly killing another individual by beating him/her up. The individual is charged for assaulting another individual in such a manner that the other individual could have even experienced death. The individual may try to defend himself/herself from the charge by stating that she did not voluntarily consume the drug. But due to the fact that the individual voluntarily consumed alcohol and ended up in an unconscious state may make her defense weak because she had consumed alcohol knowingly and out of free will. This will lead to her being held responsible for beating another individual so badly that he/she nearly died. References Delaney, J. (2004). Learning criminal law as advocacy argument: Complete with exam problems & answers. Philadelphia, PA: J. Delaney Publications. Emanuel, S. (2007). Criminal law. Austin: Wolters Kluwer Law & Business/Aspen Publishers. Singer, R. G., La, F. J. Q., & Singer, R. G. (2007). Criminal law: Examples & explanations. Austin: Wolters Kluwer Law & B usiness/Aspen Publishers. 2. An act is accepted as self defense when the defendant is able to justify that the act was conducted in self defense (Brody, 2010, p.133). Self defense can be used by the defendant in several issues such as physical attack, battery and homicides that are criminal in nature because all these acts include application of force. Most of the states consider self defense as defense of statutory but the position changes depending on the cases. Use of deadly force as a self defense is regarded as an action in which any level or kind of force is used and the usage of this force can result in the death of the person against whom it is being used. This does not mean that the person against whom the defense has been initiated should end up dead to consider this kind of act as application of deadly force. Example of application of deadly force includes utilization of a weapon such as knife or a gun to defend oneself. A defendant can use the concept of self defense as a defense that is both perfect and imperfect in nature. A defendant can claim that he has conducted an act in self defense when the applied force is considered as objectively reasonable under the scenario. According to law, an individual can conduct the application of