NARCOTIC ADDICTION AND CRIMINAL RESPONSIBILITY - A CURRENT CONTROVERSY IN THE COURTS (FROM CRITICAL ISSUES IN CRIMINAL JUSTICE, 1979, BY R G IACOVETTA AND DAE H CHANG - SEE NCJ-63717)

• NCJ Number: 63743
• Author(s): R V PHILLIPSON; L J STRIEGEL
• Date Published: 1979
• Length: 11 pages
• Corporate Author: Carolina Academic Press
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

THIS ESSAY EXAMINES THE MEDICAL AND LEGAL PERSPECTIVES OF DRUG ADDICTION AND CRIMINAL RESPONSIBILITY, NOTING THAT THE MEDICAL SIDE LOOKS AT CAUSES OF ADDICTION, WHILE THE LEGAL SIDE LOOKS AT EFFECTS.

Abstract

IT STUDIES THE PROBLEM FACED BY THE COURTS IN PROTECTING SOCIETY FROM VIOLENT CRIME COMMITTED BY THE ADDICT AND LINKED WITH HIS ADDICTION. SUMMARIZING THE LEGAL POSITION, THE ESSAY NOTES THAT THE COURTS HAVE DEFINED DRUG ADDICTION AS A LEGAL ILLNESS BUT HAVE HELD THAT ADDICTS ARE RESPONSIBLE FOR CRIMES COMMITTED. THE ESSAY ALSO APPLIES THE EIGHTH AMENDMENT, THE M'NAGHTEN RULE, THE DURHAM RULE, AND THE MODEL CODE TO CRIME COMMITTED BY ADDICTS. THE CRITICAL ISSUE FOR THE LAW IS TO SET AN OBJECTIVE STANDARD AND YET ALLOW ENOUGH FLEXIBILITY FOR SUBJECTIVE ARGUMENTS ABOUT DRUG ADDICTION. THE MEDICAL PERSPECTIVE RELIES UPON SUBJECTIVE EVALUATION AND ADVANCES SEVERAL CAUSES FOR DRUG ADDICTION WHICH BEAR UPON CRIMINAL RESPONSIBILITY. IT IS PROPOSED THAT THE PSYCHIATRIC AND LEGAL COMMUNITIES COORDINATE THEIR EFFORTS TO PROVIDE SERVICES OF INDEPENDENT EXPERTS TO JUDGES AND JURIES. DISCUSSION QUESTIONS AND NOTES ARE INCLUDED. (RFC)