I respectfully disagree with the editorial criticizing legislation that would essentially eliminate the intoxication excuse as a defense for criminals (“Drunken disorder,” SN 5/23). Although I do concede the bill is a little redundant in word usage, its meaning is not trivial by any means. Even though most defense lawyers skirted the “drunken defense” because it’s difficult to prove, that does not equate to this most recent legislation being at all frivolous.
Prior to this bill, Michigan judges were obliged to instruct jurors that a defendant’s intoxication may preclude his or her conviction for first-degree murder, armed robbery and several other criminal charges requiring proof of what the law calls “specific intent.”
It is true that “few could probably point out a time when a defendant successfully used intoxication as a legitimate excuse for a crime,” but I, for one, am not at ease with even a handful of individuals using alcohol as a scapegoat for crime.
Yes, I agree that “most lawmakers were probably as surprised as the average citizen that Michigan law allows such a defense,” but how many times have we seen the weaknesses of our judicial system allow some yahoo to walk away, absolved of any responsibilities because the state’s law books provided a way out?
In order for laws to be created or repealed (with the exception of being declared unconstitutional), the Legislature, not the courts, has to be involved.
Are there more important things the Legislature could be working on? Yes. Is it a waste of time? No. State Rep. Ruth Johnson’s bill is not just another piece of legislative showmanship or a solution for a problem that doesn’t exist.
For one thing, it’s never a good idea to let what the law prescribes and what jurors in the real world are willing to put up with diverge for very long.
Alcohol abuse and its pertinent consequences are topics that today’s college students need to be discussing and it is obvious that while MSU is trying to change that image, its student body and student newspaper editors remain aloof to the seriousness of the situation.
There’s never been a better time to remind ourselves of the difference between what scientists can explain and what civilized people can excuse.
Sarah Leach
Grand Rapids resident
