More on Drunk Law

In order to be found guilty of a crime, the following three elements must be present:

Actus Reus – voluntary act requirement (can be satisfied by omitting an act)
Mens Rea – criminal intent
Concurrence - act and state of mind must occur at the same time

In the post we will look at actus reus.

Martin v. State (1944, Alabama)

Facts
Mr. Martin was intoxicated in his home. The police dragged Martin out of his house onto a public road, where he became loud and obnoxious. He was arrested and charged with public drunkenness.

Question
Was his action voluntary?

Holding
No

Reasoning
Martin’s “loud and obnoxious” behavior is voluntary because "any action that result from intoxication is considered voluntary." However, he was dragged involuntarily into public.

And the winner is…
Martin

What if this case occurred today in a Model Penal Code state?
What a great question! I’m glad I asked. Martin would be guilty. The MPC breaks each statute down into attendant circumstances, actions, and results (if any).

The statute in question during Martin’s trial would be broken down as follows:

Attendant Circumstances
1. while intoxicated or drunk
2. in any public place
3. where one or more people are present
Actions
1. appears
2. manifests a drunken condition
Results
none

Under the MPC, only one action must be voluntary in order to satisfy mens rea. In Martin’s case, manifesting a drunken condition was voluntary. The fact that his appearance in public was involuntary does not matter.

So can the cops just drag me out of a bar and arrest me in the street?
It sure sounds that way, but I seriously doubt it. Until we find out for sure, try not to be such a jackhole when you drink.

What? Oh, you know exactly what I'm talking about.

summarized from Life of a Law Student