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Posts: 169
3 days ago
Scott Murphy is a freshman in college and recently decided to pledge a fraternity, Chi Gamma Omega. As a "pledge" of the fraternity, Scott is forced to participate in a number of initiation activities in order to become a brother of Chi Gamma Omega. Specifically, one night Scott was held down on the ground while other brothers poured shots of vodka into his mouth. Severely intoxicated by the initiation ritual, later that evening Scott broke into a female student's dorm room and sexually assaulted her. Scott is claiming that he mistakenly believed he was entering the room of his girlfriend. Is Scott entitled to the defense of involuntary intoxication? Why or why not?
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Criminal Law (Justice Series)
Edition: 2nd
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3 days ago
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Student answers will vary. Student should ague why the defense of involuntary intoxication is or is not appropriate. It could be argued that the defendant put himself in the situation and it was his decision to join the fraternity in the first place. However, the defendant could argue that they were coerced to ingest the intoxicant and that he did not have mens rea or intent to commit sexual assault.
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3 days ago
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