Drinking alcohol can, in rare instances, provoke a temporary
psychotic often violent reaction called pathological intoxication.
Although it was medically identified in 1869, pathological
intoxication has been an enigma to the law for over a century,
primarily because the actual medical and psychiatric aspects of the
concept have not been adequately explained before. But, as the
authors of this volume point out, it is crucial for the defense
attorney and the prosecutor to understand whether pathological or
ordinary intoxication is involved in a particular case because
pathological intoxication furnishes the basis of important and
perhaps decisive defense strategies beyond those which derive from
ordinary intoxication. This interdisciplinary study provides the
first in-depth exploration of both the medical and psychiatric
facts underlying the phenomenon of pathological intoxication and
explores the suitability of various defense theories.
Written especially for practicing criminal defense lawyers,
public defenders, prosecutors, and forensic psychiatrists, the
volume begins by examining the clinical and experimental evidence
of pathological intoxication. In subsequent chapters, the authors
alert the attorney to the indications that a defendant should be
examined for possible pathological intoxication and include
hard-to-find medical sources of support for the concept to persuade
courts and prosecutors of its legitimacy. A series of chapters
thoroughly explores all the relevant legal defense strategies
available in pathological intoxication cases including the defense
of automatism, the law of insanity, involuntary intoxication, and
diminished capacity and extreme mental and emotional disturbance.
Throughout, the authors incorporate both domestic and foreign
literature relating to pathological intoxication. The inclusion of
ample case examples as well as a wealth of medical and psychiatric
data make this book a major contribution to our understanding of
both the phenomenon of pathological intoxication and its
implications for legal defense strategy.
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