We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding Omne Crimen Ebrietas Et Incendit Et Detegit in Law
Definition & Meaning
The phrase "omne crimen ebrietas et incendit et detegit" is a Latin legal maxim that translates to "drunkenness both inflames and reveals every crime." This means that when a person commits a crime while intoxicated, their drunkenness can both worsen the crime and expose their culpability. In legal contexts, it is important to note that voluntary intoxication does not excuse criminal behavior. Instead, it may be seen as an aggravating factor in the prosecution of the offense.
Table of content
Legal Use & context
This maxim is primarily relevant in criminal law. It emphasizes that individuals who choose to become intoxicated cannot escape liability for their actions while under the influence. Courts may consider the role of intoxication in determining the severity of a crime, but it does not serve as a valid defense against charges. Users may find legal forms related to criminal defense or liability useful when navigating cases involving intoxication.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person who drives under the influence of alcohol and causes an accident may face harsher penalties due to their intoxication, as it is viewed as an aggravating factor in the crime of reckless driving.
Example 2: In a hypothetical scenario, if an individual commits theft while intoxicated, their drunkenness may be cited as a factor that inflames the crime, potentially leading to a longer sentence.
State-by-state differences
State
Legal Stance on Intoxication
California
Voluntary intoxication is not a defense but may be considered in sentencing.
Texas
Intoxication can be a factor in determining the severity of the crime.
New York
Intoxication does not excuse criminal behavior but may mitigate penalties in some cases.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Voluntary Intoxication
Choosing to consume alcohol or drugs.
Refers specifically to the choice made by the individual, which affects legal responsibility.
Involuntary Intoxication
Being intoxicated without consent (e.g., drugged without knowledge).
This may serve as a defense in some cases, unlike voluntary intoxication.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation involving intoxication and criminal charges, consider the following steps:
Document all relevant details about the incident.
Consult with a legal professional to understand your rights and options.
Explore US Legal Forms for templates that may assist in your legal process.
In complex cases, seeking professional legal help is advisable to navigate the intricacies of the law.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.