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Conference kaosws::canada

Title:True North Strong & Free
Notice:Introduction in Note 535, For Sale/Wanted in 524
Moderator:POLAR::RICHARDSON
Created:Fri Jun 19 1987
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:1040
Total number of notes:13668

873.0. "The "too drunk" defense" by KAOFS::D_STREET () Tue Nov 22 1994 09:03

    While I am in here, I am surprised no one has brought up the most
    recent insanity with our court system.
    
     Recently one man got off of charges of threatening to kill his wife
    because he was high on 5 grams of Cocaine. Another got off because he
    had consumed so much booze that he couldn't form criminal intent.
    
     This is enough to make me puke. If I get halfway blasted and beat
    someone I am responsible, but go all the way and I am not ? What effect
    will this have on drunk driving ? I couldn't stand so I crawled to the
    car and you can't charge me for killing those innocent peoiple because
    I was too blasted ? I would like to know what was going on in the
    judges mind when he (I presume) said, It's not your fault you got so
    wasted that you beat your wife. Is it HER FAULT ?  I strongly suspect
    if some whacked out idiot beat the crap out of the judge he woud see it
    differently. As I learned it, you are responsible for your actions, if
    those actions include drinking so much you "don't know what you are
    doing" it does not absolve you from your accountability.
    
    							Derek.
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873.1CTHU26::S_BURRIDGETue Nov 22 1994 09:423
    Certainly makes one wonder about the Supreme Court.  
    
    -Stephen
873.2CSC32::R_JACOBSExit stage left, In a hurry even!Tue Nov 22 1994 17:261
    It's the Criminals Justice System not the Criminal Justice System.
873.3KAOA00::KAU138::MCGREGORWed Nov 23 1994 07:3011
Apparently the drunkiness clause was brought into law in the 60's.

Up until now it has not been used as a defense.

The broadcast analyst I was listening to said that the cases would be
appealed. If the appeal was not won then Mr. Rock would then introduce
legislation.

Anyone know why this clause was even considered? Was it meant for politions?

	Allan
873.4CTHU22::M_MORINA dead mean with the most toys is still a dead man.Thu Nov 24 1994 12:268
I have always been of the opinion that the justice (court) system is in place
in order to criminals to see if they can get away with it.

i.e. I know I did it and I know I'm guilty but I don't have to tell you that.
     Now, I don't want to jail for x years so thanks for giving me the          
     opportunity to get away with it.

/Mario
873.5Escalate......TROOA::CHOHANThu Nov 24 1994 14:134
    That the whole point of having an appeal court, if you're not happy
    with the result, escalate and see if you can get it overturned
    
    jac