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Lecture

8 Intoxication and addiction in criminal justice system.docx
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Department
Law
Course
LAWS 2301
Professor
Diana Young
Semester
Fall

Description
Intoxication and addiction in criminal justice system: - Heroine was considered medicinal use to get people of morphine - Mood altering substances, things that have effects on our brain and body. Dangerous. - Physical exercise is a mood altering activity - There is a debate how one drug is more harmful than others Ex: alcohol vs. marijuana • Marijuana versus alcohol debate (marijuana isn’t as life threatening as alcohol) • Alcohol is seen as part of social life (James Bond drinking martinis).Alcohol gives us a sense of loss of control (mainly within women) - The idea of addiction which will see figures in the ways we see substances used in criminal – very controversial idea because it is very recent way to understand the mood altering substances such as food addiction and sex addiction • Recent in history that we thought of drug use and alcohol use as an addiction (when used excessively) • Addictions food, sex, alcohol, drugs, gambling - We come to think of these things this way very recently Alcohol - Alot of different ways of thinking how drinking should affect our personality • There is no responsibility on when people stop drinking, such as teenagers • Alcohol makes people vulnerable • Making people to be victims – peer pressure (rape) • It is making people predatory – sexually aggressive - When alcohol is involved in the sexual assault – the offender is seen as the guy who is responsible for the attack • There is imperial evidence to the affect that when alcohol is involved in a sexual assault, the victim is drunk, it’s seen as making her vulnerable for the attack. Offender is mitigating the responsibility due to intoxication - Using intoxication as an excuse – “I was drunk” is the most common excuse to defend themselves from being punished to hard – also it is something that is uncharacteristic - There IS a high correlation with use of drugs and crimes– There is a lack of understanding of the correlation – relationship between being able to control ourselves with the values that we usually have • Over 50% of all assaults and sexual assaults take place while one or both the victim and the offender are drinking - but it is not exactly clear what the relationship is, exactly. There's a difference between correlation and causation. Also, some there are different theories about why people seem prone to violence while intoxicated, and not all of them will necessarily lead to the conclusion that intoxicated people are less responsible for the offences they commit. Some people think that alcohol lowers inhibitions, makes people more impulsive, but it might also make people think they have "permission" to commit crimes, or might be used by people who have already decided to commit a crime to "work up the courage" to go through with it. Drugs, alcohol, etc… and effects 1. Loss of cognition (consequences): the idea that drugs and alcohol may sometimes stop people from thinking of the consequences of their actions 2. Loss of inhibition: you lose your sense of shame and guilt when you consume alcohol or drugs 3. Misjudgement: someone may have a extreme response to a comment made by another individual 4. Total Loss of control : people go crazy and lose total control (b/c of some drugs/alcohol) 5. Cultural Forces: aggressiveness associated with alcohol 6. Permission: The part of the idea that your are blowing off steam and you do things that you would not normally do 7. Working up Courage: courage to commit an act they already decided to commit 8. Victim blaming: the way that intoxication affects how we think about responsibility and the correlation of substance abuse, intoxication and crime - Mitigating factors: # 1 and 4 (lack in the ability to form intent) - If anyone committed an act under any of the above conditions they should be held less accountable than a person who is not under these circumstances - It is not always clear whether it should be a defence to a criminal charge - Problem drinkers are people who have a long term addiction or substance problem • Alot of people in prison have these problems - Addiction has a connection to criminality – also could lead to other problems in live such as loss of work and relationship which causes criminal activity – also addiction can occur from problems in your live which leads to use of drug which leads to criminal activity - Sometimes substance abuse might be symptomatic to other issues in your life, these issues lead to criminal behavior, or make it difficult to function well in society making you vulnerable to getting arrested (drugs or alcohol are coping mechanisms) Drug/ alcohol abuse affects your mental awareness: - Sometimes substance abuse might be symptomatic to other issues in your life, these issues lead to criminal behavior, or make it difficult to function well in society making you vulnerable to getting arrested (drugs or alcohol are coping mechanisms) • The way in which intoxication or drug and alcohol use affects culpability (are you guilty or not) • They way in which intoxication or addiction issues affects sentencing (your criminally responsible but we are taking into account that you are a drug addict) - Culpability: when you are charged can you raise the defense as you would to one of your friends, can you raise the defense of intoxication (I was wasted, I can’t be held responsible) - Limited times when you can use these defenses to the charge (Until 20 years ago, the rule was intoxication could be a defense to a specific intent offence, not a general) - You can raise voluntary intoxication to murder because you could say I was so drunk that I was unable to form the intent to bring about this persons death - There’s very limited ways to use that as an excuse - Certain type of offences require you to prove that the offence had a specific intent to it - For murder – I was so drunk I was unable to form the death of this person (no specific intent) R v. Daviault - 20 years ago - Accidently assaulted a girl that was his friends and his defence was he was so drunk he did not know what he was doing – went up to the supreme court – they wanted him to prove that he was so intoxicated that he had no conscious control then he could use that defence - This caused a huge controversy– because alcohol is present is large event of criminal offences – pe
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