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9. The defendant should be
After being fired from his job, a defendant drank almost a quart of vodka and decided to ride the bus home. While on the bus, he saw a briefcase he mistakenly thought was his own, and began struggling with the passenger carrying the briefcase. The defendant knocked the passenger to the floor, took the briefcase, and fled. The defendant was arrested and charged with robbery.
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A is incorrect. Although he did not use the threat of force, he did use actual force by struggling with the passenger and pushing him to the floor, and robbery can be committed through either threat of force or actual force. In addition, intoxication, by itself, is not a defense to a crime. Only when the intoxication negates the requisite mental state can it be a defense to a criminal charge.
C is incorrect. Although his intoxication was voluntary, he still lacked the requisite mental state to make the actions he took criminal. He believed the briefcase was his, and he had no intent to permanently deprive the owner of the property.
D is incorrect. This answer choice is a misstatement of the law and ignores the fact that a mistake can negate the specific intent necessary to commit a robbery. The defendant's mistaken belief that he was the owner of the property negated the specific intent necessary for a proper robbery charge and he should be acquitted.