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NCJ Number: 63743 Find in a Library
Title: 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)
Author(s): R V PHILLIPSON; L J STRIEGEL
Corporate Author: Carolina Academic Press
United States of America
Date Published: 1979
Page Count: 11
Sponsoring Agency: Carolina Academic Press
Durham, NC 27701
Format: Document
Language: English
Country: United States of America
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)
Index Term(s): Accountability; Criminal responsibility; Drug dependence
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