LEGAL RESPONSIBILITY AND CHRONIC ALCOHOLISM

ROBERT A. MOOREAuthors Info & Affiliations

Publication: American Journal of Psychiatry

Volume 122, Number 7

https://doi.org/10.1176/ajp.122.7.748

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Abstract

A review of legal opinions reveals conflicting attitudes toward the intoxicated civil or criminal offender. Traditionally the courts have dealt harshly with him, assuming that the intoxicated person chooses his condition and must suffer the consequences. This harshness is undergoing moderation, especially in criminal cases where intent is a necessary part.

Since crime and other forms of antisocial behavior are so often associated with intoxication, many would view any significant increase in permissiveness toward the intoxicated offender as dangerous to society. Others feel the rights of the offender must be considered also and do not feel these are being given adequate attention at this time.

If intoxication is a result of the illness of alcoholism in a particular case, the medical rights of the person must be considered and he should have his medical condition brought before the court as a possible mitigating factor. The court should then act to bring the alcoholic offender to enforced treatment rather than punishing him. Failure to profit from treatment would then result in some degree of quarantine for the protection of society.

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Information & Authors

Information

Published In

American Journal of Psychiatry

Volume 122 • Number 7 • January 1966

Pages: 748 - 756

PubMed: 5900469

History

Published in print: January 1966

Published online: 1 April 2006

Authors

Affiliations

ROBERT A. MOORE

Director, Department of Psychiatry, Swedish-American Hospital, 1316 Charles Street, Rockford, Ill.

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LEGAL RESPONSIBILITY AND CHRONIC ALCOHOLISM

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