Criminal Responsibility of the Addict: Conviction by Force of Habit

Diamond, Michael R.

Journal: Fordham Urban Law Journal

Volume: 1

First Page: 395

Year: 1973

Bluebook Citation: 1 FORDHAM URB. L.J. 395 (1973)

Author: Michael R. Diamond: all 6 publications


Abstract

This article addresses questions of criminal responsibility of drug addicts in light of Robinson v. California, holding criminal sanctions for a status of drug addiction to be unconstitutional under the eighth amendment. The article evaluates key court cases relating the insanity defense, and argues that in cases where addicts commit criminal acts as a result of drug addictions, the addict should not suffer criminal penalties but should instead be treated through rehabilitation facilities or other methods.

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