Intoxication

bestmilitarydefenseucmjdefenselawyer256RCM 916(l)(2). Voluntary intoxication from alcohol or drugs may negate the elements of premeditation, specific intent, knowledge, or willfulness. Voluntary intoxication, by itself, will not reduce unpremeditated murder to a lesser offense. United States v. Morgan , 37 M.J. 407 (C.M.A. 1993). Voluntary intoxication not amounting to legal insanity is not a defense to general intent crimes.

  • . Generally, involuntary intoxication is a defense to a general orspecific intent crime. See United States v. Hensler , 44 M.J. 184 (C.A.A.F. 1996). But see United States v. Ward , 14 M.J. 950 (A.C.M.R. 1982) (involuntary intoxication not available when accused knowingly used marijuana, but did not know it also contained PCP).
  • See generally Major Eugene Milhizer, Weapons Systems Warranties: Voluntary Intoxicationas a Defense Under Military Law , 127 Mil. L. Rev. 131 (1990)