A review of legal opinions reveals conflicting attitudes toward the intoxicated civil or criminal offender. Traditionally the courts have dealt harshly with him, assuming that the intoxicated person chooses his condition and must suffer the consequences. This harshness is undergoing moderation, especially in criminal cases where intent is a necessary part.Since crime and other forms of antisocial behavior are so often associated with intoxication, many would view any significant increase in permissiveness toward the intoxicated offender as dangerous to society. Others feel the rights of the offender must be considered also and do not feel these are being given adequate attention at this time.If intoxication is a result of the illness of alcoholism in a particular case, the medical rights of the person must be considered and he should have his medical condition brought before the court as a possible mitigating factor. The court should then act to bring the alcoholic offender to enforced treatment rather than punishing him. Failure to profit from treatment would then result in some degree of quarantine for the protection of society.Abstract Teaser