INTOXICATION AS A DEFENSE

Intoxication is defined as a change in a person's mental or physical capacity as a result of the introduction of any substance into the person's body, regardless of whether the substance is alcohol or a drug. Voluntary intoxication is when a person voluntarily places himself or herself in an intoxicated condition. Voluntary intoxication is generally not a defense to the commission of a crime, even if it makes a person unaware of his or her surroundings, makes him or her unconscious, or gives him or her no memory or understanding of his or her offense.

Alternate Discovery Methods for a Defendant

A defendant is entitled to conduct discovery prior to his criminal trial. There are numerous alternative methods in which the defendant may conduct discovery in order to obtain information prior to his trial.

DURESS AS A DEFENSE

If another person compels a defendant to commit an offense, the defendant may claim that he or she committed the offense under duress. The defense of duress means that the defendant did not have the necessary mental state to commit the offense or to be criminally responsible for the offense.

Closing Arguments During a Criminal Trial

The defendant is entitled to present a closing argument in a criminal trial. The defendant's right to give a closing argument has been deemed by the United States Supreme Court as a basic element of the adversary factfinding process.

THE INDIAN GAMING REGULATORY ACT

After several federal courts ruled that state bingo laws were regulatory laws that could not be enforced against Native American tribes, Congress began looking at legislation that would satisfy the interests of law enforcement agencies and that would help to alleviate the economic problems of the Native American tribes by raising revenue through bingo and gaming. As a result, Congress enacted the Indian Gaming Regulatory Act (IGRA) of 1988.