LaN Session 5 Flashcards
What is Morse’s view on addiction and criminal responsibility?
Morse argues that addiction does not diminish responsibility because it involves intentional action, not compulsion or coercion.
How does Morse distinguish compulsion from strong desire in addiction?
Compulsion implies no choice, while addiction involves intentional choices despite strong desires.
What is Morse’s stance on coercion as a defence for drug-related crimes?
He rejects it, arguing that withdrawal symptoms are not comparable to threats like death or grievious harm.
How does Morse define irrationality in addiction?
Addicts’ desire are irrational because they are not responsive to beliefs about outcomes (e.g. death) or personal values.
What are the two forms of diachronic self-control according to Morse?
- Changing one’s environment to avoid temptation.
- Seeking medical and/or therapeutical help.
How do cognitive, volitional, and affective capacities relate to addiction and responsibility?
Addicts may understand right from wrong but struggle with self-control and valuing long-term consequences.
Why is addiction unlikely to qualify for an insanity defence under the M’Naghten rule?
It affects volitional capacities, not cognitive capacities like understanding or reasoning.
What is the German system’s approach to addiction and criminal responsibility?
It allows partial insanity defences if addiction substantially impairs cognitive or volitional capacities.
What is the concept of ‘responsibility without blame’ in addiction?
Addicts can be held responsible without moral condemnation, focusing on care and recovery instead.
What is the learning model of addiction?
It emphasises agency, personal growth, and self-understanding in overcoming addiction.
What is the prior fault doctrine in addiction cases?
It holds individuals accountable if they contributed to the circumstances leading to their criminal behaviour.
What internal and external barriers affect diachronic self-control in addicts?
Internal: myopia for the future, poor health;
External: lack of treatment options, environmental factors.
What is the critique of Morse’s argument regarding generalisation?
Not all addicts are the same, and their experiences and capacities vary significantly.
How do Kennett et al. critique Morse’s view on compulsion?
They argue that cravings can negate self-control, making some actions genuinely compulsive.
Why might finding a neurobiological mechanism for addiction-related crime matter legally?
It could provide a basis for legal excuses by showing diminished capacity for self-control.
