Addiction, choice, and criminal law

Morse, Stephen J.

doi:10.1093/acprof:oso/9780198727224.003.0023

Cited by 4 publications

(4 citation statements)

References 30 publications

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Section: Discussionmentioning

confidence: 99%

“…Morse argues that addicts are at some point in time not intoxicated and not in peak craving states, and they know they will be if they do not take steps to avoid future intoxication. Since they are capable of taking these steps, mens rea should not be later negated due to intoxication (Morse, 2017). He also cautions not to conflate a cause of a behavior with an excuse, something he terms "the fundamental psycholegal error," explaining that, if a cause of behavior is an excuse, ultimately nobody would be responsible for any behavior (Morse, 1994(Morse, , p. 1592.…”

Section: Mens Rea and Addictionmentioning

confidence: 99%

“…Furthermore, no effective pharmacological treatments exist for several drugs of abuse such as methamphetamine. While it seems unfair to hold an addict accountable without offering an intervention for improvement, Morse suggests that this argument becomes weaker with more serious crimes such as homicide (Morse, 2017). Kennet et al counter that the neurophysiological mechanisms of drug addiction suggest that some addicted persons meet criteria for compulsive behavior, few addicted people are fully responsible for becoming addicted, and some addicted persons can be at least partly excused for failing to manage their addiction (Kennet et al, 2015).…”

Section: Mens Rea and Addictionmentioning

confidence: 99%

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Voluntary intoxication, homicide, and mens rea: Past, present, and future

MacIntyre

Darby

Sones

et al. 2021

Behavioral Sci & The Law

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Voluntary, or intentional, acute intoxication does not qualify for an insanity defense. However, in many jurisdictions, voluntary intoxication can create a diminished capacity to form a specific intent necessary for a criminal offense. This is a type of mens rea defense. Homicide provides a clear example where the absence of a required specific intent can lead to a lesser included crime that does not require that specific intent. Thereby, a mens rea defense may lessen a first‐degree murder charge to a lesser degree or even manslaughter, depending on the jurisdiction. After reviewing the history of mens rea defenses and voluntary intoxication, we performed a search of LexisNexis for state statutes and case law regulating the use of voluntary intoxication in mens rea defenses, focusing on homicide‐related offenses. In this article, we compare the different approaches that have developed to address this complex issue. We discuss why knowledge of these different approaches is essential to the practicing forensic examiner in relevant jurisdictions and explore developing issues in the area.

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Section: Discussionmentioning

confidence: 99%

Section: Mens Rea and Addictionmentioning

confidence: 99%

Section: Mens Rea and Addictionmentioning

confidence: 99%

See 1 more Smart Citation

Voluntary intoxication, homicide, and mens rea: Past, present, and future

MacIntyre

Darby

Sones

et al. 2021

Behavioral Sci & The Law

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“…Indicating the cause of certain behaviour does not negate responsibility. This is what Morse calls "the fundamental psycholegal error": mere causation does not excuse [65]. Knowing what causes certain behaviour (be it a mental disorder, a broken leg or external circumstances) is not informative about an individual's responsibility for said behaviour.…”

Section: Disease Disorder or Impaired Capacities?mentioning

confidence: 99%

The (in)Significance of the Addiction Debate

Goldberg

2019

Neuroethics

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Substance addiction affects millions of individuals worldwide and yet there is no consensus regarding its conceptualisation. Recent neuroscientific developments fuel the view that addiction can be classified as a brain disease, whereas a different body of scholars disagrees by claiming that addictive behaviour is a choice. These two models, the Brain Disease Model and the Choice Model, seem to oppose each other directly. This article contends the belief that the two models in the addiction debate are polar opposites. It shows that it is not the large amount of addiction research in itself what sets the models apart, but rather their extrapolated conclusions. Moreover, some of the most fiercely debated aspects -for instance, whether or not addiction should be classified as a disease or disorder -are irrelevant for the conceptualisation of addiction. Instead, the real disagreement is shown to revolve around capacities. Discussing addiction-related capacities, especially regarding impaired control, rather than the assumed juxtaposition of the two models can be considered the true addiction debate. More insight into the extent to which the capacities of the addicted individual were affected would be highly useful in various other areas, especially legal responsibility.

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Responsibility without Blame for Addiction

Pickard

2017

Neuroethics

163

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Drug use and drug addiction are severely stigmatised around the world. Marc Lewis does not frame his learning model of addiction as a choice model out of concern that to do so further encourages stigma and blame. Yet the evidence in support of a choice model is increasingly strong as well as consonant with core elements of his learning model. I offer a responsibility without blame framework that derives from reflection on forms of clinical practice that support change and recovery in patients who cause harm to themselves and others. This framework can be used to interrogate our own attitudes and responses, so that we can better see how to acknowledge the truth about choice and agency in addiction, while avoiding stigma and blame, and instead maintaining care and compassion alongside a commitment to working for social justice and good.

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Addiction, choice, and criminal law

Cited by 4 publications

References 30 publications

Voluntary intoxication, homicide, and mens rea: Past, present, and future

Voluntary intoxication, homicide, and mens rea: Past, present, and future

The (in)Significance of the Addiction Debate

Responsibility without Blame for Addiction

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