The doctrine of pharmacological duress attempts to redefine the criminal responsibility of the confirmed narcotics addict in terms of the symptomatic compulsion to use and possess drugs and the consequent deterioration of the free will. With its roots deeply imbedded in the traditional exculpatory doctrines of duress, coercion and insanity, this doctrine promises to revolutionize the contemporary judicial approach to narcotics addiction and the crime it spawns.
This Note will explore the development of the concept of pharmacological duress, emphasizing its distinction from both the traditional defense of insanity and more recent attempts to construct a defense based on the eighth amendment. The failure to draw such a distinction in the past, it is submitted, has obfuscated the theory and resulted in a judicial reluctance to accept an otherwise viable defense. It is contended that in the future the parameters of this doctrine must be ascertained within the framework of traditional concepts such as duress and compulsion. Finally, an effort will be made to determine where the line of exculpation should be drawn.
If constructed well, a no-fault scheme could replicate many of the positive aspects of tort law. Congress should seize this unique opportunity to preserve the beneficial effects of tort law and protect the health and safety of Americans.
Prosecuting women who carry pregnancies to term despite their drug addictions fails to further the states' goal of protecting fetal health, violates the Equal Protection rights of pregnant women, and is bad public policy.
Beth Caldwell∞ Abstract This article presents findings from a study on the implementation of California’s new Youth Offender Parole Hearing law, which aims to provide juvenile offenders with meaningful opportunities to obtain release from adult prison. It contributes to the
By Joanna Laine∞ Homeless people experience legal and societal discrimination, manifested in the criminalization of homelessness and in many small but profound societal slights. Addressing this discrimination will require both innovative legal advocacy and the correction of misconceptions about homeless