Voluntary lntoxication as a Cnminal Defense Under Mihtary Law

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Voluntary lntoxication as a Cnminal Defense Under Mihtary Law

I. INTRODUCTION

The substantial impact of alcohol and illegal drugj upon military society 1s undeniable About one out of three Army soldiers who were tned by general or bad-conduct discharge special courts-martial have been convicted of cnmes involving illegal drugs? The Army has establuhed special programs for preventing and treatm&2 reprimand-

'Judge Advocate General's Coips Currrnfly anaimed kr Instructor, Criminal Law

Dnliion The Judge Advocate General's School Formerly assigned a Senior lhal Counsel and Chief. Mmirnafrafiie and lnfernafi~nal Law, 25th lnfantn Di\lilon (Light) 1984-1987, Trral Defense Counsel, Camp Humphreys Korea 1983 1984, Appellate Attorney. Goiernment Appellate Divislan 1980 1983 B A (hgh dl~t1ncImn), Knrrerssy of Michigan. 1976. .ID , Univenlty of Michigan. 1978, LL M ( F m Honor Graduate) TheJudge AddmeateGenera~~Sehool.

IS88 Author of over40anlelesand notes concerning ~ ~ n ~ n f u t ~ ~ n a i and cnminal Ian ~eauei including ircsssrty ond tht.Mtlttary JwliceSysiem A Pmposed Spend Wmse 121 Mil L Rei 95 (19881. Tha.Mzlzlmry Dpafh Femlty adiha Comlztuizon Tham %s Lzlr A/& Funnan, 97 \I11L Re\ 35 (1982) (coauthor), Iniolunlory Warnlaughto and a U g ODerdaSe Deaths A Pmmed Mefhodolag~ The Amy lawyer, Mar 1989 at 10 IagaltLy offhe ' Sue-.% ' order fo Soldtan Haling AIDS The Army Lawyer Dec I888 at 4. &7..ectne Dab SiForftrums tn Copal C-8 Recmmng .%y on -0th Fni The Army Lawler. Feb 1983. at 27 (coauthor) He 1s B member of the ban of the United States Supreme Coun fheUrutedStatesCounafClaims. United SiafeiDiitricrCounfortheEanrern Dmrief of Miehrgan. the Urnfed States Coun of Mihtaly Appeals. the United States Army Coun of Militan Rev~w,and the Stare of Mlchlgan,Fmm 1864-Lg87 the percentage of general couns-maninl mvakmg drug offenses ranged from 41 percent Lo 34 percent muall) During the same period, 37 percent to 25 percent of special mum-martid empowered to audge a bad-canduct discharge meanured annuall) hale mnvolwd drug offelvr Drug offenses alsa accounted for about 14 percent of the emel before other special and summa" counr-mania1 and far about 16 pemenl of lmfancei where nogudicial punishment wan imposed during the same period Statistics pm\ided by Clerk of Coun. United States Army Coun of Military Remew In addillon. &bout 8 WO ialdlen were admimsrraflr~ly separated m bOlh 1986 and 1086 for alcohol or drug related mlsconducf or abur Sfafmcrtaken fmm Repon. DESPER-48-11, pubhrhed monthl) These figures undoubtedly undererrmate the scopeof the drug and alcohol problem nn the militan ai man> offenses and other miicon duet caused by the use of I~~XICLOISare not counted as a drug OT alcohol offenses for StBflSLICd purpoJeJ

'Amy Reg 600.85, Alcoholand Drug PrevenfianandConlrol Propam(3 Dec 18861 [hereinafter AR 600 861

MILITARY L.4W REVIEN' [Yo1 127

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and administranvely separatmgi soldiers who abuse mtoxicants. Alcohol has been deglamonzed,5 and military law enforcement has targeted drug offenses ar a top priorityB

The military justice system has responded to the pervasive impact of alcohol and drugs in a rariety of ways This response. however, has sometimes seemed nxonmtent- and motivated by practical con

19901 VOLUNTARY INKJXICATION

siderations rather than coherent theory8

At the heart of this response 1s the military's appllcatlon of the defense of "voluntary intoxsaoon." In some respects, voluntary in-

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