Intoxication

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Intoxication

A state in which a person's normal capacity to act or reason is inhibited by alcohol or drugs.

Generally, an intoxicated person is incapable of acting as an ordinary prudent and cautious person would act under similar conditions. In recognition of this factor, the law may allow intoxication to be used as a defense to certain crimes. In many jurisdictions, intoxication is a defense to specific-intent crimes. The underlying rationale is that the intoxicated individual cannot possess the requisite mental state necessary to establish the offense.

Other jurisdictions recognize it as a defense to general-intent crimes as well. For example, although rape is commonly considered a general-intent crime, there are states in which extreme intoxication may be alleged as a defense. It is unlikely, however, that the defense will be successful in such cases absent proof that the defendant was so intoxicated that he or she could not form the intent to have intercourse.

In Homicide cases, intoxication is relevant to negate premeditation and deliberation necessary for first-degree murder. When the defense is successfully interposed, it will reduce a charge of first-degree murder to second-degree murder.

When a person is forced to consume an intoxicant against his or her will, the person is involuntarily intoxicated. In most jurisdictions, the defense of involuntary intoxication is treated similarly to the Insanity Defense. For example, an intoxicated person who cannot distinguish right from wrong at the time of committing the wrongful act would have a valid defense.

intoxication

n. 1) the condition of being drunk as the result of drinking alcoholic beverages and/or use of narcotics. In the eyes of the law this definition may differ depending on the situation to which it is applied. 2) In drunk driving (DUI, DWI) the standard of intoxication varies by state between .08 and .10 alcohol in the bloodstream, or a combination of alcohol and narcotics which would produce the same effect even though the amount of alcohol is below the minimum. 3) In public drunkenness the standard is subjective, meaning the person must be unable to care for himself, be dangerous to himself or others, be causing a disturbance, or refuse to leave or move along when requested. 4) Intoxication as a defense in a criminal case in which the claim is made by the defendant that he/she was too intoxicated to form an intent to commit the crime or to know what he/she was doing, the amount of intoxication is subjective but higher than for drunk driving. There is also the question if the intoxication was an intentional aforethought to the crime ("I wanted to get drunk so I had the nerve to kill her.") Thus, unintentional intoxication can show lack of capacity to form an intent and thus reduce the possible level of conviction and punishment, as from voluntary (intentional) manslaughter down to involuntary (unintentional but through a wrongful act) manslaughter. However, in vehicular manslaughter, the intoxication is an element in the crime, whether getting drunk was intentional or not, since criminal intent was not a factor. (See: vehicular manslaughter)

References in periodicals archive ?
Sugiyama, "Acute abdomen due to ovarian congestion: A fallopian tube accompanied by a paratubal cyst, coiling tightly round the ovary," Journal of Obstetrics and Gynaecology Research, vol.
Campbell, "A case of a gastrointestinal stromal tumour presenting as acute abdomen," Irish Journal of Medical Science, vol.
Johnston, "Spontaneous renal calcyeal rupture: a rare cause of acute abdomen in pregnancy," American Surgeon, vol.
Discussion: This case reported about ovarian metastasis and uterine rupture with acute abdomen and involvement of omentum in metastatic invasive mole.
Ruptured Hemorrhagic Corpus Luteum Cyst in an Undescended Ovary: A Rare Cause of Acute Abdomen. J Pediatr Adolesc Gynecol.
Endo, "Effect of contrast-enhanced computed tomography on diagnosis and management of acute abdomen in adults," Clinical Radiology, vol.
(5,6) Fever was the most frequent accompanying symptom while a surgical procedure following suspicion of acute abdomen was conducted in 42% of these patients.
The long-term teaching was that by treating abdominal pain with narcotics, you could mask the important physical exam findings in patients presenting with an acute abdomen. The source of this myth wasn't hard to uncover.
Inflammation of epiploic appendices, primary epiploic appendagitis (PEA), is a rare cause of acute abdomen. (2) It has been described as an inflammation resulting from spontaneous torsion, subsequent ischemia, and eventually gangrenous necrosis of the appendage or by primary thrombosis of the draining vein and inflammation.
Acute abdomen is occasionally accompanied by a life-threatening condition requiring prompt diagnosis and emergency surgery.
Although spontaneous rupture of pyometra is rare, it should be kept in mind as a differential diagnosis in postmenopausal women presenting with acute abdomen and dynamic transvaginal sonography should be advised prior to laparotomy for definitive diagnosis.
Because of the variable muscular constitution of the wall of the rudimentary horn, pregnancy can be accommodated until a late stage, when rupture commonly manifests as an acute abdomen with a high risk of maternal mortality.