NCJ Number
123000
Journal
Cardozo Law Review Volume: 10 Issue: 3 Dated: (December 1988) Pages: 393-473
Date Published
1988
Length
81 pages
Annotation
This analysis of the disease model of alcoholism and its implications in criminal law considers the philosophical foundations of a just system of punishment and the current scientific understanding of the nature and effects of alcoholism.
Abstract
An overview considers the nature, progression, causes, biology, and psychopathology of alcoholism and the relationship between alcoholism and moral fault. The relationship between alcoholism and criminal defenses related to voluntariness, knowledge or purpose, intent, recklessness, negligence, and insanity is also considered. The analysis concludes that although alcoholism negates the moral culpability of some intoxicated alcoholic offenders, this lack of fault generally does not preclude criminal sanctions. In addition, imposing liability without fault by punishing intoxicated alcoholic offenders is ethically justifiable. However, advances in the diagnosis, treatment, and understanding of alcoholism may result in the modification of this conclusion. 255 footnotes and appended case examples showing the progression and effects of alcoholism.