Principles of Addictions and the Law: Applications in by Norman S. Miller

By Norman S. Miller

The ebook contains an exam of assets of legislations vital to dependancy and its remedy. the rules for forensic paintings in expert felony testimony is explored (e.g., felony approach, case legislation precedent, statutes governing addictions, civil and felony procedures). The technological know-how of habit is featured together with the biology of habit, dependancy as a mind affliction, accountability vs. lack of regulate, improvement of addictions, and the function of genetics and setting. Drug checking out, its makes use of with forensic populations, what the checks express and don't express, controversies in utilizing checks within the basic inhabitants additionally gets wide remedy. dependancy and psychological ailment in forensic populations is highlighted for dependancy remedy and carrying on with care. Case stories and landmark circumstances illustrate the position of alcohol, drug use, and addictions in felony decisions.

  • Focused totally on alcohol and drug addictions
  • Case reviews and landmark circumstances are incorporated to demonstrate the function of alcohol/drugs in criminal judgements (e.g., the Exxon Valdez case)
  • Brief review of criminal procedure and drug courts can be helpful to clinicans, legal professionals, directors, and different professionals

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Additional info for Principles of Addictions and the Law: Applications in Forensic, Mental Health, and Medical Practice

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State of Texas, 1968). CRIMINAL LAW Insanity Defense Intoxication from alcohol and drugs does not qualify for an insanity defense because the individual is otherwise sane by legal standards in the abstinent state. Voluntary intoxication from alcohol and drugs does not equate to insanity in the legal sense, despite the use of these substances rendering the defendant “unable to appreciate the nature and quality of the acts or to know right from wrong, or conform to the requirements of the law” (People v.

Studies of recidivism have shown that untreated alcohol and drug addiction lead to a high rate of relapse and repeated criminal offenses. Because of the strong association of criminal conduct with alcohol and drug disorders, the need for treatment during incarceration to correct the underlying problems and to deter further criminal conduct is obvious. It is important that addiction treatment continues as a condition of parole and release into the community. , 1994). Factors in determining diversion of a mentally ill offender at the pretrial stage include the seriousness of the crime and the area of jurisdiction (Davis, 1994).

3. Rational relationship, the lowest level of scrutiny, is used when neither strict scrutiny nor intermediate scrutiny applies. The government must prove: (1) a legitimate state purpose in enacting the law; and (2) that the law is rationally related to that purpose. THE LEGISLATIVE BRANCH The Legislative Branch is responsible for enacting laws. S. Const. art. I, § 1). As the constitution makes clear, the United States Congress is a bicameral legislature, meaning it consists of two houses: the House of Representatives and the Senate.

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