Drug Addiction and Criminal Responsibility

Kennett, Jeanette; Vincent, Nicole A.; Snoek, Anke

doi:10.1007/978-94-007-4707-4_71

Cited by 14 publications

(14 citation statements)

References 30 publications

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“…The study methodology and some of the main findings are discussed elsewhere (see Snoek et al 2012;Horstkötter and Snoek, 2013;Kennett et al 2013;Kennett, Vincent and Snoek, 2014). In short, our research has revealed that we need a more layered concept of agency to understand how addiction impairs agency.…”

Section: Current Views On Substance Dependency and Agencymentioning

confidence: 94%

Lessons in Biopolitics and Agency: Agamben on Addiction

Snoek

Fry

2015

The New Bioethics

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The concepts of 'biopolitics' and 'naked life' have become increasingly relevant in the debate on substance dependency due to the growing prominence of neuroscience in defining the nature of addiction 1 and its threat to agency. However, these concepts are not necessarily well understood, and therefore may lead to oversight rather than insight. In this article we review the literature on Italian philosopher Giorgio Agamben, whose founding works on both concepts shed a different light on addiction. We argue that the current debate is missing a key insight from Agamben's work: the idea of agency past the subject, of agency past identity. We will illustrate how this can be an important form of agency against the stigmatization of users, making use of empirical data from our ongoing work on addiction and agency.

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Section: Current Views On Substance Dependency and Agencymentioning

confidence: 94%

Lessons in Biopolitics and Agency: Agamben on Addiction

Snoek

Fry

2015

The New Bioethics

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“…Those who are severely addicted and are often simultaneously experiencing comorbid psychiatric disorders may be categorized as the clinical subgroup, predominantly addressed by the BDM. By contrast, the CM seems to deal with a subgroup that has a less severe (comorbid) pathology [36,37]. As a result, the debate between the BDM and the CM with regard to chronicity seems to have a relatively 'easy' answer, as they are likely referring to two different subgroups of the same condition.…”

Section: The Apparent Debatementioning

confidence: 99%

“…Consequently, control may be lost. The analogy of somebody hanging onto a cliff is often used, indicating that the individual can only hang on for so long before their strength is completely depleted and she has to let go [37]. Hence, the BDM holds the view that self-control is impaired, which is a reasonable conclusion.…”

Section: The Apparent Debatementioning

confidence: 99%

“…Is the behaviour therefore compelled? Not in the literal, metaphysical sense meaning predetermined or necessitated, but definitely in an experiential sense of being subjected to a very strong compulsion that may feel impossible to resist [37].…”

Section: The Apparent Debatementioning

confidence: 99%

“…Lastly, an important aspect of control in addiction is diachronic control: rational and controlled behaviour in anticipation of moments where no such control is possible. That means that either the individual minimises the chances of such an 'uncontrolled' moment happening in the first place, or that he or she directly takes action against the feelings of diminished control [37]. To use examples related to addiction, the first scenario would be to avoid places that incite the temptation to use, for instance taking a different route home in order not to pass by a bar.…”

Section: The Apparent Debatementioning

confidence: 99%

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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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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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Drug Addiction and Criminal Responsibility

Cited by 14 publications

References 30 publications

Lessons in Biopolitics and Agency: Agamben on Addiction

Lessons in Biopolitics and Agency: Agamben on Addiction

The (in)Significance of the Addiction Debate

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

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