This means if you had volitaiton to take the medication, even if you did not intend on becoming intoxicated, the judge is likely to rule that as a matter of law you cannot raise a defense of involuntary intoxication.
So what is involuntary intoxication? There are situations, however, where a person might be intoxicated without doing so voluntarily, that is the person had no volition in ingesting the intoxicant. Involuntary intoxication can be used as a defense with the accused exercised no independent judgment or volition in taking the intoxicant and as a result of his severe mental defect caused by intoxication the accused did not know that his conduct was wrong or was incapable of conforming his conduct to the requirements of the law.
See Torres v. State , S. State, 77 S. Involuntary intoxication might come up in three scenarios: If the accused was unaware of ingesting the intoxicant; where force or duress is used to force ingestion of the intoxicant; or involuntary intoxication by prescription. Involuntary intoxication by prescription medication occurs only if the individual had no knowledge of possible intoxicating side effects of the drug, since independent judgment is exercised in taking the drug as medicine, not as an intoxicant.
Mendenhall at Notice that involuntary intoxication is a defense that negates the mental state required for an offense. As a result, offenses that do not require a culpable mental state, such as driving while intoxicated, will most likely not be able to prevail on an involuntary intoxication defense. Temporary insanity due to intoxication is an affirmative defense that can be raised in the punishment phase of a trial.
As an affirmative defense, it is contingent on the defense to establish the accused was intoxicated and that the intoxication rendered the accused temporarily insane. See Arnold v. It is unique though because once the affirmative defense is raised, the judge is to instruct to jury on voluntary intoxication as a mitigating issue.
Like other affirmative defenses in Texas, duress does not negate an element of the offense charged, but instead provides a reason why the accused should not be held criminally responsible for his acts. Duress involves a threat or use of force against the accused compelling the accused to act unlawfully. In misdemeanor cases, the defense may be raised by showing the accused acted because he was facing a threat of force or was being forced to act.
To raise the defense in a felony case, the accused must show that the threat was of imminent death or serious bodily injury to him or another. Once facts have been raised to establish the basis for the defense, the defense must then show that the force or threat of force would render a person of reasonable resistance incapable of defying the threat or force. Liu, F.
If you are charged with an offense where you believe that duress may be an issue, you will want an experienced criminal defense attorney representing you who understands the challenges raising a successful duress defense.
For example, if the trial court does not determine that the threat was imminent, it will exclude evidence that the threat was made. See Kessler v. As an affirmative defense, the defendant will have both the burden of production and persuasion on an issue involving duress by a preponderance of the evidence. Duress is laid out as a defense in Penal Code Section 8.
A person accused of a criminal offense may raise the affirmative defense of entrapment by asserting that a government official, or someone acting under the direction of a government official, overreached in tempting the defendant to commit a criminal act. However, simply providing an opportunity for the defendant to commit an offense is not enough to rise to the level of an entrapment defense.
The elements of entrapment are 1 whether the accused was induced to engage in the conduct by a law enforcement agent; and 2 whether the means of inducement used were likely to cause persons, not the accused, to commit the offense.
The focus of the first part of this test is whether a government agent induced the accused or merely provided an opportunity for them to act.
The second part of the test determines whether other persons would have committed the crime under the circumstances at hand. The first key to successfully raising an entrapment defense is understanding the test applied.
Texas no longer follows a purely objective interpretation of the test. Instead, the current test is a mix between subjective and objective elements. First, a law enforcement officer must have induced the particular accused to commit the crime subjective element. Second, the inducement must have been such as would likely have caused other persons to commit the crime objective element.
The second key to successfully raising an entrapment defense is understanding when the defense may be raised. In addition to being raised at trial, entrapment may be raised in pre-trial practice under Section Please help us improve our site!
No thank you. Affirmative Defense Primary tabs Definition This is a defense in which the defendant introduces evidence , which, if found to be credible, will negate criminal liability or civil liability , even if it is proven that the defendant committed the alleged acts. LeeAnn is in charge of maintaining all of the lawnmowers.
However, she fails to keep up with servicing them. Ray is later using one, when it catches on fire. Ray is hurt and sues Target Lawns for his injuries. Target Lawns may be able to use injury to a fellow servant as an affirmative defense. To do more research, look up: City of San Antonio vs.
Mendoza , S. With the affirmative defense of laches , the plaintiff can be prevented from filing a lawsuit because it has been too long, regardless of any statutes of limitations.
The defendant must show that:. Example: Jamie, Brandon, and Jon are all friends. Brandon stumbles onto a rock and accidentally pushes Jamie onto the ground. Jamie breaks his hand, ending his promising guitar career. Jon sees all of this. Brandon apologizes for the accident, but Jamie is upset. Jamie sues Brandon, but intentionally waits for Jon to pass away first. To do more research, look up: Wayne vs. Vending, Inc. The affirmative defense of license may be used in a situation where the defendant has been given a legal right to use of a good or property that the plaintiff is now filing a lawsuit over.
Example: Kathy owns the patent to a newly designed bow and arrow set. Gale wants to make and sell these sets in his store, so he signs a licensing agreement with Kathy. Kathy later sues Gale for selling the bow and arrow sets in his store. Gale may be able to use the license affirmative defensive. To do more research, look up: American Mfg. Witter , S. A release is an agreement where one person agrees that the other person will not be held responsible for a negative outcome that may result from an action.
The release must be written in clear terms and be noticeably visible in the contract. Example: Marjorie owns an art studio where people can come in and, for a fee, paint on their own. She does not provide aprons for painters and encourages them to paint in old clothing instead. Marjorie has them sign a release saying she is not responsible for any damage to clothing as the paint is permanent and cannot be washed out.
Jeffrey comes in to do a painting and signs the release. Jeffrey sues Marjorie for the damage to his jeans. Marjorie may be able to assert release as an affirmative defense.
To do more research, look up: Dresser Industries, Inc. Page Petroleum, Inc. The affirmative defense of res judicata prohibits a finished case involving generally the same parties from being done again, along with related issues that should have already been decided in that case. Example: Maricella and Tommy are involved in a minor car accident.
Tommy sues Maricella for the damage done to the side of his car, including the side mirror which was loosened. Tommy obtains a judgment against Maricella, and she pays him the amount ordered. A few months later, the side mirror falls off completely. Tommy files a lawsuit against Maricella, asking for her to replace the side mirror.
Maricella may be able to assert res judicata as an affirmative defense. To do more research, look up: Barr vs. Resolution Trust Corp.
Sunbelt Federal Sav. The statute of frauds requires certain types of contracts to be in writing and signed by the defendant in order to be enforceable by the plaintiff.
Types of contracts that are covered by the statute of frauds include:. Ed stops paying after one payment because he thinks the ring is not real gold. Katie sues him, asking that he continue to make payments.
To do more research, look up: Texas Business and Commerce Code sections 2. A defendant may claim the affirmative defense of waiver when the plaintiff has given up their rights.
Giving up rights can be done through oral or written means, or it can be implied through conduct. Sandy insists that Aria also agree to go to mediation if there is ever a disagreement. Aria agrees, signs the agreement, and begins producing more artwork. Later, Sandy stops selling the artwork. Aria sues to get Sandy to keep her end of the agreement.
Sandy may be able to assert the waiver affirmative defense to force the lawsuit to first go through mediation first. To do more research, look up: Vessels vs. Anschutz Corp. Common Topics. Family, Divorce, and Children. All Topics. Court Basics. Individual Rights. Name Change. Protection from Violence or Abuse. Self Help. Featured Self-Help. Self-Help Guides. Ask a Question. Guided Forms. Informative Articles. More Resources.
Court Information. Helpful Non-Legal Organizations. Types of Legal Help. Legal Assistance. Find Help. Legal Help Directory. Qualifying for Legal Aid. Working with Private Attorneys. Professional Use Only Forms. Search Search. What is an affirmative defense? To do more research, look up these cases: Texas Beef Cattle Co.
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