John Mayer's Big Reveal and "Liquid Courage"
I woke up to one of the top headlines on CNN this morning: “John Mayer reveals inspiration for ‘Your Body Is a Wonderland.’”
Well, okay. I never really cared, but now we know. John Mayer’s song isn’t about Jennifer Love Hewitt, whom he dated after it was released. Instead, Mayer sings about his first girlfriend when he was 16.
In his reveal, he also admitted that he doesn’t date much anymore, saying he no longer has “the liquid courage” when it comes to relationships after giving up drinking six years ago.
Today, let’s discuss “liquid courage”—yes, that’s how my mind works. When might you see “liquid courage” on the bar exam (which, I'm sure, isn't at all what John Mayer had in mind)?
First, let’s provide context.
Intoxication may be caused by any substance—alcohol, drugs, and medicine are the most frequent. The law generally distinguishes between voluntary and involuntary intoxication.
Voluntary Intoxication—or self-induced intoxication—is the result of intentionally taking a substance without duress. The person need not have intended to become intoxicated when taking the substance.
Voluntary intoxication is a valid defense to specific intent crimes but not to general intent crimes. But there’s a huge exception. The defense of voluntary intoxication isn’t available if the defendant becomes intoxicated for the purpose of committing the crime—i.e., the defendant uses a substance to have the “liquid courage” to commit the specific intent crime.
Now, you might be asking, what are the specific intent crimes? I use the mnemonic device “FIAT” to help me memorize the specific intent crimes.
F: first-degree murder
I: inchoate crimes (conspiracy, attempt, and solicitation)
A: assault
T: theft crimes (burglary, embezzlement, false pretenses, forgery, larceny, larceny by trick, robbery, etc.)
So that’s how you might see “liquid courage” on the bar exam. For the sake of completeness, let's close the loop on intoxication.
Involuntary intoxication results from the taking of a substance (1) without knowledge of its nature, (2) under direct duress imposed by another, or (3) pursuant to medical advice while unaware of the substance’s intoxicating effect. Involuntary intoxication may be treated as mental illness, in which case a defendant is entitled to acquittal if, because of the intoxication, she meets whatever test the jurisdiction has adopted for insanity.