Substance abuse—A perspective for use in plea bargaining
By Ralph E. Guderian
Criminal Justice,
October 2009
In Illinois, if the defendant’s intoxicated or drugged condition was voluntarily produced, it cannot be raised as an affirmative defense during trial to avoid criminal responsibility for his or her conduct. However, during plea bargaining, 402 conferences, sentencing and the like, the defendant’s conduct can be considered as being the result of such use, abuse or dependence.
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