NCJ Number
73214
Journal
Zeitschrift fuer Rechtsmedizin Volume: 83 Issue: 3 Dated: (1979) Pages: 209-220
Date Published
1979
Length
12 pages
Annotation
Criteria for judging the responsibility of addicted juvenile offenders for their crimes are discussed in this West German paper.
Abstract
The criteria for judging drunken offenders may serve as a model for judging the responsibility of addicted offenders. The following characteristics of offenders and their crimes must be considered: the personality of the offender; the type, amount, and time of the last drug consumed; the level of dependence; the psychopathological state of the offender at the time of the offense and the subsequent examination; and the kind of offense. In judging the personality of the offender, one must differentiate between those whose deviance results from an overall lack of effective social integration and those whose deviance results primarily from the abuse of drugs. The distinction is difficult to make, and, therefore, this criterion should carry little weight in itself. The extent of a drug's influence on an offender can be estimated by considering the type and amount of the drug consumed and the time of its consumption. This information can often be gathered by the arresting police officer and through a medical examination. The level of dependence can be estimated if the offender has sought counseling or therapy before or after the offense. Since most drugs which are taken repeatedly affect the abusers' awareness level and ability to make rational decisions, this factor must also be considered in attempting to judge their responsibility for crimes. Finally, whether an offense was committed in order to fulfill an immediate need arising out of a dependency must be considered to differentiate between direct and indirect 'supply offenses.' Direct supply-offenses are those in which the addict steals in order to maintain his supply of a drug. Indirect supply-offenses involve trading and commission business. For the latter type, the state of consciousness and insight at the time of the offense does not serve as a suitable criterion for judging the responsibility for the crime since these offenders usually are not deprived of their drugs and are, therefore, in a stable state of mind. A 19-item reference list is included.--in German.