Kaplan University

Intoxication and there elements

Daisy Doyon
Introduction to Torts/Pa165
Marsha Foulks
June 4, 2014

Intoxication with alcohol and drugs is commonly associated with crimes of violence. The apparent stimulating effect is due solely to the fact that it is deadens the higher control centres and progressively the centres as well thus weakening or removing the inhibitions that normally keeps us with in the bounds of civilized behavior.
It is best if their behavior has been observed while the subject is sober..which the laws “being drunk” and disorderly or “being drunk” and incapable. Laws punishing public intoxication (also known as "drunken or disorderly conduct”) vary widely among states. The different approaches states have taken to regulating public intoxication reflect the various cultural viewpoints on the issue. Some states' laws reflect the feeling that because public intoxication disturbs the peace and harms society, it should be punished as a crime. In these states, public intoxication is a misdemeanor, punishable by fines, jail time, probation, and community service.
Other states’ laws reflect the view that public intoxication, especially when it is chronic, is a medical condition or social ill that can be addressed through treatment or other non-punitive measures. These laws provide for consequences that by-pass the courts altogether, including sending the intoxicated individuals to a treatment facility or a jail until they are no longer intoxicated. Some states that take this approach specifically prohibit local municipalities from passing criminal ordinances against public intoxication. Some states do not have any statewide public intoxication laws at all. In some of these states, however, cities or counties have passed local ordinances punishing such conduct. Even in places where no public intoxication laws exist, individuals who are intoxicated in public may still be arrested if they are engaging in other criminal conduct, such as fighting or vandalism.

Finally, some states do not treat public intoxication as a separate offense, but nevertheless regulate it through laws prohibiting disorderly conduct. Public intoxication laws require that the defendant be in a public place, rather than a private residence or other area that is not open to the general public. Examples of public places include sidewalks, streets, stadiums, and parks. In some states, bars and restaurants are considered public places because they are open to the general public. Additionally, some state public intoxication laws punish intoxication that occurs in areas where the defendant is on private property but without the permission of the owner, even though these areas are technically "private." For example, creating a disturbance while trespassing on another person's lawn may be the basis for a public intoxication charge.
Most public intoxication laws require that the defendant created some kind of disturbance, such as injuring other persons or harming property, or posing a threat to his own safety. This element exists to prevent law enforcement officers from arresting someone who has had some alcohol, but is not creating a problem. However, in most states, the definition of "disturbance" is very broad¡ªsome states include actions such as blocking sidewalks or using offensive language. Further, if an officer believes that a person's intoxication is posing a threat to that person’s own safety, he may be taken into custody and charged with this offense.
Black's law dictionary defines assault as “the threat or use of force on another that causes that person to have a reasonable apprehension of imminent harmful or offensive contact. This means that the tortfeasor does not have to make physical contact with victim. The victim only needs to be placed under a reasonable amount of fear that the physical contact will occur, in fact if the physical does occur,this tort is no longer considered an assault, it become a battery.
Battery is defined a “intentional and offensive touching of another with out lawful justification “ according to black's law dictionary” the three main elements that identify battery are “ unconsented” physical contact, offensive or harmful contact, and the tortfeasor's intent to touch another person in an offensive or injurious manner. One of the key elements is intent if a person touches you accidentally it would not be considered battery. The intent to injure the person must be present for battery. Also, if the tortfeasor intends to contact another person and accidentally hits another person the intent is transferred to the unintended victim. So even if the tortfeasor didn't intend to hit a third person it is still battery at that time.
An intentional tort is a purposeful act committed by another person against another person that results in harm. A defendants charged with aggravated assault could benefit from consulting with an attorney having knowledge of the assault laws and penalties applicable in your case. A knowledgeable criminal defense attorney will have a sense of how to convince either a prosecutor or a jury that a defendant did not cause an injury sufficient to warrant a charge of aggravated assault. If the attorney succeeds, a defendant could benefit through a lesser charge, a lesser punishment, or even dismissal of a case.

References www.findlaw.com/ www.ask.com/Maine+Law en.wikipedia.org/wiki/Alcohol_laws_of_the_United_Statesý www.blackslawdictionary.com/ý en.wikipedia.org/wiki/Black's_Law_Dictionaryý