Using Involuntary Intoxication as a Defense for Juvenile Charges in Chicago

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Last Updated on: 1st October 2023, 03:24 pm

Using Involuntary Intoxication as a Defense for Juvenile Charges in Chicago

Being charged with a crime as a juvenile can be really scary. You may feel confused about what is happening and worried about the consequences. If you were under the influence of drugs or alcohol when the alleged crime occurred, you may be wondering if that provides any defense. This article will explain how involuntary intoxication can potentially be used as a defense for juvenile charges in Chicago.

What is involuntary intoxication?

Intoxication refers to being under the influence of alcohol or drugs. According to Illinois law, intoxication is only a valid defense if it was involuntary. This means that the intoxicated condition happened without your consent or intention [1]. For example, someone slipping a drug into your drink without you knowing would be involuntary intoxication.

Voluntary intoxication, on the other hand, is when you intentionally consumed alcohol or drugs. This does not provide a defense under Illinois law. The law says that if you willingly got intoxicated, you are still criminally responsible for your actions [3].

How can involuntary intoxication be used as a defense?

Involuntary intoxication can potentially be used as a defense to criminal charges in two ways:

1. It deprived you of the ability to appreciate the criminality of your conduct
2. It deprived you of the ability to conform your conduct to the law

This means that if the involuntary intoxication prevented you from understanding what you were doing was wrong, or made you unable to control your actions, it could provide a defense. The intoxication has to be so severe that you were essentially temporarily “insane” [2].

What are some examples?

Here are a few examples of how involuntary intoxication could potentially be used as a defense for juvenile charges:

• A teenager is involuntarily given a hallucinogenic drug by a peer without their knowledge. While experiencing delusions and psychosis from the drug, they commit an assault.
• A juvenile begins taking a prescribed medication as directed. An unexpected side effect is extreme disorientation and lack of self-control. While in this drug-induced state, they shoplift merchandise from a store.
• A underage youth drinks an alcoholic beverage that was handed to them by an adult. Unbeknownst to the youth, the adult had spiked the drink with another intoxicating substance. The youth acts erratically and damages property.

In cases like these, the involuntary intoxication prevented the juvenile from appreciating the wrongfulness of their actions or controlling their conduct. This could provide a defense to criminal charges.

What are the requirements for using this defense in Chicago?

To successfully argue involuntary intoxication as a defense in a Chicago juvenile case, there are several requirements:

• There must be evidence that the intoxication was involuntary and happened without your consent [5].
• There must be evidence showing the involuntary intoxication caused a mental state where you could not understand or control your behavior.
• You must prove through expert testimony that the level of intoxication actually produced this mental state [6].
• The mental state caused by involuntary intoxication must have existed at the time the crime was committed.

Meeting all these requirements can be challenging. Hiring an experienced juvenile defense lawyer will be essential to successfully argue this defense [4].

What are the pros and cons of using this defense?

Some pros of arguing involuntary intoxication include:

• It could result in dismissal of charges if successful
• It provides a way to fight the charges by placing blame on the intoxication rather than yourself
• The involuntary intoxication itself is likely a mitigating factor, even if unsuccessful as a defense

Some cons or risks include:

• It is difficult to prove the intoxication was involuntary
• It can be challenging to definitively show the intoxication caused inability to control your actions
• If not fully successful, it could still harm your case and credibility

Conclusion

While intoxication is not an excuse for criminal behavior, involuntary intoxication changes things. If there is clear evidence that you did not willingly become extremely intoxicated, and that intoxication made you unable to understand or control your actions, it could provide a defense to juvenile charges in Chicago. Because meeting the burden of proof is difficult, working with an experienced attorney is essential if pursuing this defense. They can help assess if it is viable in your specific case and handle the complexities of arguing it successfully.