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16. Which of the following circumstances would most aid the defendant's argument in favor of such an instruction?
A defendant was charged with battery, defined as at common law. At trial, an expert witness testified for the defense that the defendant, an athlete, was under the influence of a performance-enhancing drug at the time he committed the battery and that he would not have done so had he not been so influenced. The defendant asked for an instruction to the effect that if the jury believed that he was influenced by the drug at the time of the crime and would not have committed it otherwise, it had to acquit him.
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A is incorrect. As stated above, voluntary intoxication would not be a defense to the crime of battery, and the fact that a defendant was addicted to a drug does not make intoxication with that drug involuntary for purposes of the criminal law.
C is incorrect. The victim's taunting does not constitute a valid defense. The victim's taunting would not support an intoxication instruction, which would be proper only if there was evidence showing that the intoxication was involuntary.
D is incorrect. The expert testimony would not support an instruction because voluntary intoxication, regardless of the intoxicant's effects, is not a defense to the crime of battery.