Determining the Impact of Intoxication in a Desert-based Sentencing Framework

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 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.