ADDICTION AND CRIMINAL RESPONSIBILITY

• NCJ Number: 40940
• Journal: Yale Law Journal Volume: 84 Issue: 3 Dated: (JANUARY 1975) Pages: 413-444
• Author(s): H FINGARETTE
• Date Published: 1975
• Length: 32 pages
• Grant Number(s): NO 1 R03 MH 25193-01
• Sponsoring Agency: US Dept of Health, Education, and Welfare
• Corporate Author: Yale University
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: REPRINT

Annotation

A STUDY REVIEWING THE CASE LAW AND OTHER MATERIALS TRIGGERED BY THE SUPREME COURT'DECISION IN ROBINSON V. CALIFORNIA WHICH HELD THAT PUNISHMENT OF AN ADDICT IS CRUEL AND UNUSUAL, VIOLATING THE EIGHTH AMENDMENT.

Abstract

THE DISCUSSION BEGINS WITH ANALYSIS OF THE EXCULPATORY ARGUMENTS BASED ON ROBINSON. THESE ARGUMENTS ARE SEEN BY THE AUTHOR AS RELYING ON THE ASSUMPTION THAT BEHAVIOR MOTIVATED BY ADDICTION IS INVOLUNTARY. THE FACTUAL BACKGROUND OF ADDICTION AS IT RELATES TO THE LEGAL CONCEPT OF INVOLUNTARINESS IS VIEWED AS PLAINLY UNSOUND. THE STUDY THEN EXPLORES NONLEGAL THEORIES OF ADDICTION IN AN ATTEMPT TO SHOW THAT THESE CANNOT FUNCTION AS EXCULPATORY VEHICLES IN CRIMINAL LAW. (AUTHOR ABSTRACT MODIFIED)...TWH