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Determining the impact of intoxication in a desert-based sentencing framework

De Montfort University

Laurence Koffman

University of Sussex, UK

Research has consistently found a significant correlation between alcohol consumption and offending. Although this finding does not prove any direct causal link, many offenders subsequently claim that the fact that they had been drinking should mitigate their sentence. As the argument advanced by offenders is framed in retributive terms—culpability is reduced because of intoxication—this article aims to analyse the impact, if any, that intoxication should have under a desert model.

Key Words: intoxication • retribution • sentencing theory

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