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Addiction and Responsibility$
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Jeffrey Poland and George Graham

Print publication date: 2011

Print ISBN-13: 9780262015509

Published to MIT Press Scholarship Online: August 2013

DOI: 10.7551/mitpress/9780262015509.001.0001

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Addiction and Criminal Responsibility

Addiction and Criminal Responsibility

Chapter:
(p.159) 7 Addiction and Criminal Responsibility
Source:
Addiction and Responsibility
Author(s):

Stephen J. Morse

Publisher:
The MIT Press
DOI:10.7551/mitpress/9780262015509.003.0007

This chapter begins with the story of Mr. Leroy Powell, a genuine addict whose criminal responsibility was addressed in a popular Supreme Court case in 1968. This story is presented to lay the groundwork for the issues addressed in this chapter. It is determined how and in what cases addiction affects criminal responsibility, after identifying the criteria for compulsion and the criteria for criminal responsibility. The question is also asked whether the law should adopt a medicalized view of addiction or not. It is also shown that the criteria for criminal responsibility, like that for addiction, are all behavioral, suggesting that any scientific information about addiction must be “translated” into the law’s psychological criteria.

Keywords:   criminal responsibility, Mr. Leroy Powell, addict, criteria for compulsion, medicalized view

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