Criminal Law – Assessmentback
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The defendant and the victim, both of whom were drinking, got into a heated exchange of words in a bar. After several minutes, both calmed down and continued drinking. When the victim started to stagger out of the bar after several more hours, the defendant yelled an insult directed at the victim and picked up a chair as if he were going to strike the victim. However, the defendant immediately dropped the chair when the victim turned around. The defendant was charged with assault, and defends on the basis that he was so intoxicated at the time that he did not realize what he was doing.
Which of the following would be LEAST helpful to this defense?CorrectIncorrect
A student attended the largest party in the history of the state. Thousands of people celebrated in the streets for six days in honor of the university’s football championship. The student drank ten beers in less than an hour and became enraged when he misplaced his favorite drinking mug. He searched throughout the sorority house he had been invited into and entered a room where cheerleaders were practicing their leg splits. The student was extremely aroused and forced himself on one cheerleader as the other girl looked on in horror. When he had finished with the first cheerleader, the student began to disrobe the second cheerleader, but the quarterback heard her screaming, ran into the room, and beat the student severely before calling the police. In response to the charges of rape and attempted rape against him, the student testified that he was so drunk that he honestly thought the cheerleaders’ leg splits were meant to convey their consent to his advances. If the student did indeed honestly believe the cheerleaders had consented, he should be found:CorrectIncorrect