38
Syllabus
nor a "justification" for his crimes; the common law's stern rejection of inebriation as a defense must be understood as also precluding a defendant from arguing that, because of his intoxication, he could not have possessed the mens rea necessary to commit the crime. The justifications for this common-law rule persist to this day, and have only been strengthened by modern research. Although a rule allowing a jury to consider evidence of a defendant's voluntary intoxication where relevant to mens rea has gained considerable acceptance since the 19th century, it is of too recent vintage, and has not received sufficiently uniform and permanent allegiance to qualify as fundamental, especially since it displaces a lengthy common-law tradition which remains supported by valid justifications. Pp. 41-51. (b) None of this Court's cases on which the Supreme Court of Montana's conclusion purportedly rested undermines the principle that a State can limit the introduction of relevant evidence for a "valid" reason, as Montana has. The Due Process Clause does not bar States from making changes in their criminal law that have the effect of making it easier for the prosecution to obtain convictions. See McMillan v. Pennsylvania, 477 U. S. 79, 89, n. 5. Pp. 51-56.
Justice Ginsburg concluded that § 45-2-203 should not be categorized as simply an evidentiary rule. Rather, § 45-2-203 embodies a legislative judgment regarding the circumstances under which individuals may be held criminally responsible for their actions. The provision judges equally culpable a person who commits an act stone sober, and one who engages in the same conduct after voluntary intoxication has reduced the actor's capacity for self-control. Comprehended as a measure redefining mens rea, § 45-2-203 encounters no constitutional shoal. States have broad authority to define the elements of criminal offenses in light of evolving perceptions of the extent to which moral culpability should be a prerequisite to conviction of a crime. Defining mens rea to eliminate the exculpatory value of voluntary intoxication does not offend a fundamental principle of justice, given the lengthy common-law tradition, and the adherence of a significant minority of the States to that position today. Pp. 56-61.
Scalia, J., announced the judgment of the Court and delivered an opinion, in which Rehnquist, C. J., and Kennedy and Thomas, JJ., joined. Ginsburg, J., filed an opinion concurring in the judgment, post, p. 56. O'Connor, J., filed a dissenting opinion, in which Stevens, Souter, and Breyer, JJ., joined, post, p. 61. Souter, J., filed a dissenting opinion, post, p. 73. Breyer, J., filed a dissenting opinion, in which Stevens, J., joined, post, p. 79.
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