Homicide constitutes many kinds of killing. First, it needs a volitional act whereby a person’s death results from another’s actions. Homicide may occur majorly from negligence, recklessness or may be accidental. Homicide might occur even if there was no intention of causing harm. According to Raissian (2016) there are various divisions of homicide that include capital punishment, killing in war, euthanasia, justifiable homicide, murder, and others that depends on the situations surrounding the killing. However, criminal homicide includes many types of killing that may be accidental or not and include manslaughter and murder, depending on the killer’s mental status. In the course of court proceedings of a homicide case, the courts often identify various circumstances that may result in reduced charges in homicide cases. According to Klein and Allison (2018) a defendant charged with homicide may use the imperfect self-defense that may allow for reduced charges. In imperfect defense, the defendant’s act may be unjustified, and he or she had no intent to kill. According to given cases, the court enables such circumstances, and thus, a defendant may not face life in prison or the death penalty. The charges would thus be reduced to manslaughter. Raissian (2016) maintains that charges may also be reduced if the court determines that the defendant was mentally incapacitated and is not criminally responsible for the murder. In such a circumstance, the murder would be considered involuntarily committed, leading to a reduction in the charges. Under justifiable homicide, the court would agree that the homicide took place, but the murder was not against the law. For example, in a particular circumstance, a police officer kills a dangerous suspect out on a shooting spree to protect innocent lives. The United States law allows citizens to use the necessary lethal defense if they feel and fear for their lives or the lives of others. Klein and Allison (2018) maintain that d epending on the circumstances of the charges, a defendant is allowed to argue the allegations by the use of justifiable homicide. Justifiable homicide is considered a privilege, and many a time defendants are not sentenced ( Raissian, 2015) . A court may also reduce a homicide charge to negligent homicide if the circumstances surrounding the killing. For example, if a truck driver is unable to avoid a direct collision with another vehicle and swerves hitting and killing a pedestrian, the charge may be reduced to manslaughter. In such a murder case, a defendant is allowed by the court to reason for lighter sentencing. Various circumstances may warrant a reduced charge against homicide. For example, in the Girouard v. State, 583 A. 2d 718 (Md. App. 1991), Girouard appealed to have his murder charges reduced to manslaughter since there was provocation from his wife. Although the prosecutor argued against the appeal, the court upheld that provocation, words spoken, are adequate to inflame an individual’s passion. Thus, according to the court, provocation can lead one to act unreasonably. However, the court found that such a verbal provoking cannot warrant someone to kill his wife. The court required that the defense of provocation be limited and could only apply if it meets the traditional situations surrounding the murder. Voluntary intoxication entails consumption of alcohol with the primary aim of impairment. However, Piel (2015) argues that involuntary intoxication involves an accepted defense accepted in a court of law. Intoxication refers to a situation where one’s ability is impaired by alcohol taken. In case an individual is intoxicated against his or her will, it is referred to as involuntary intoxication. Such an individual cannot differentiate between a lawful and unlawful act, right or wrong. Using the involuntary intoxication argument is a legal defense in a court of law in states that allow it in its courts. Voluntary intoxication can also be used as a defense, for example, is a voluntary act, defense of mens rea, special rule of homicide, and intoxicated-induced insanity. However, voluntary intoxication is never an affirmative defense strategy implying that a defendant has to prove to the court that he or she lacked the intent to commit a crime ( Piel, 2015) . Intoxication defense applies in limited situations. At the same time, it depends on if the intoxication was involuntary or voluntary. At the same time, it varies on the level of one’s intent to commit a crime. In the case of forced intake of intoxicating alcohol or drug, then the defendant is allowed to use it as a line of defense. Voluntary intoxication cannot be used in all cases, and the act must be specific. The level of alcohol taken must also meet the required threshold of sufficient to ensure that the intention was not made up in the defendant’s mind. According to Martin and Storey (2015) t he accused must have been too intoxicated to comprehend the resulting outcomes of his or her actions. However, voluntary intoxication may be used if the level of drunkenness is too high. However, the court must be convinced beyond a reasonable doubt. Creating an involuntary intoxication defense is easier, unlike a justification for voluntary intoxication ( Piel, 2015) . In the United States, voluntary intoxication can be applied but only in some crimes and is never a defense in an intent offense act. Voluntary intoxication can be invoked but only in precise crime intents. Thus, it prevents the accused from taking part in a crime.
References
Girouard v. State, 583 A. 2d 718 (Md. App. 1991)
Klein, B. R., & Allison, K. (2018). Accomplishing difference: How do anti-race/ethnicity bias homicides compare to average homicides in the United States?. Justice Quarterly , 35 (6), 977-1003. https://www.researchgate.net/profile/Brent_Klein/publication/318350912_Accomplishing_Difference_How_Do_Anti-raceEthnicity_Bias_Homicides_Compare_to_Average_Homicides_in_the_United_States/links/59cab7d5aca272bb050795bd/Accomplishing-Difference-How-Do-Anti-race-Ethnicity-Bias-Homicides-Compare-to-Average-Homicides-in-the-United-States.pdf
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Martin, J., & Storey, T. (2015). Unlocking criminal law . London: Routledge. https://www.routledgehandbooks.com/doi/10.4324/9781315613062.ch2
Piel, J. (2015). The defense of involuntary intoxication by prescribed medications: An appellate case review. Journal of the American Academy of Psychiatry and the Law Online , 43 (3), 321-328. https://pdfs.semanticscholar.org/1d9d/4123c20938e05acde6f2d06ea09106dfabe7.pdf
Raissian, K. M. (2016). Hold your fire: Did the 1996 Federal Gun Control Act expansion reduce domestic homicides?. Journal of Policy Analysis and Management , 35 (1), 67-93.
