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MMLU / After having several drinks in a bar, a man and his friend drove by a large home…

Problem

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question

After having several drinks in a bar, a man and his friend drove by a large home with its lights out. With the man sitting in the passenger seat, the friend pulled the car over. They were feeling drunk and aggressive from the drinks. After discussing it, they decided it was a safe bet to enter the home and see what they could take. They broke in and took several bags of jewelry. While driving away, they were stopped and arrested for burglary. The passenger used the defense that he was too intoxicated to form the specific intent to enter the home for the purpose of committing a felony therein. Do the facts described here indicate that the defense will likely prevail at a trial on the merits?

choices

  1. Yes, because he was in fact too intoxicated to form the intent needed to prove burglary.
  2. No, because intoxication is never a defense to the commission of a felony.
  3. No, because the facts indicate that he wasn't too intoxicated to form the necessary intent for burglary.
  4. Yes, because the feeling of being drunk and aggressive were not his natural mental state and therefore mens rea was defeated.

subject

professional_law

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