Drugs and Criminal Responsibility (From Drug Abuse and the Law Sourcebook, P 5.1-5.79, 1988, Gerald F Uelmen and Victor G Haddox, -- See NCJ-118803)

• NCJ Number: 118806
• Author(s): G F Uelmen; V G Haddox
• Date Published: 1988
• Length: 79 pages
• Sale Source: Clark Boardman Company, Ltd
• Publication Type: Training (Aid/Material)
• Language: English
• Country: United States of America

Annotation

This chapter examines aspects of criminal responsibility for drug abuse and drug related crimes.

Abstract

Whether drug abuse should be punished as a criminal act depends on whether it is done "willfully" and "voluntarily." This requires an understanding of what drug is involved and its usual effects. This chapter begins with a description of an expert who is increasingly appearing in court as an expert witness to testify on these issues: the forensic psychopharmacologist. The chapter then turns to a discussion of drug addiction as a defense to drug use, followed by consideration of addiction as a defense to other crimes that may stem from drug addiction. The chapter advises that voluntary drug intoxication is generally rejected as a defense to a crime, although it may be a "partial" defense if it negates a "specific intent" which the crime requires. Where repeated drug use produces a state of "settled insanity," however, the chapter notes that a complete defense of insanity may be available. The chapter also examines drug addiction as an issue in competency to stand trial, which relates to the defendant's mental condition at the time of trial.