NCJ Number
90943
Journal
Japanese Journal of Legal Medicine Volume: 30 Issue: 3 Dated: (1976) Pages: 169-179
Date Published
1976
Length
11 pages
Annotation
A Japanese psychiatrist experienced in giving expert witness testimony on cases involving alcohol-intoxicated offenders reviews several methods for determining the degree of drunkenness of the offender at the time of the act and comments on the ability to determine mental state as it relates to criminal responsibility of the drunken offender.
Abstract
Several tests are used throughout the world to determine the blood alcohol content (BAC) of an offender, but determining the somatic and mental symptoms of alcohol intoxication is difficult and varies with the individual. The author recommends examining the nystagmus (rapid, involuntary oscillation of the eyeballs) as an indicator of the somatic symptoms because the offender has no control over it. He also proposes that the subject's handwriting might be an indication of his mental and somatic state since Japanese handwriting becomes remarkably confused under the influence of BAC over 1.0%. Abnormal reaction to alcohol almost always results from some congenital or acquired disease, such as epilepsy, epileptic equivalents, and other psychic disorders, as well as brain trauma and somatic and mental exhaustions. These could be determined from the offender's medical history. The author has also examined the usefulness of the electroencephalogram as a measurement of the 'drunken constitution.' Overall, it is very difficult to evaluate the criminal responsibility from an objective standard, and therefore the Japanese law provides the legal test of responsibility in two negative ways: irresponsibility and diminished responsibility. Fourteen references are provided. (Author abstract modified)