To be addicted to something, one must have a physical and mental needy of a specific substance and cannot stop taking it without opposing results. Having an addiction to a drug would eliminate the mens rea that is needed to be considered a crime. Some individuals do not have the options of not being addicted to some type of drugs. Stated in the article, DRUG ADDICTION IS AN ILLNESS, NOT A CRIME, “The child of an addict is 3-5 times more likely to become alcoholic/addict as well; bolstering the data that suggests there is a strong genetic (medical) link.” Being born with an addiction indicates, that addiction is an individual’s status not an act or mindset. The Case Robinson v. California reached the Supreme Court in regards to the violation of the eight amendment due to punishing an individual due to his status. Eugene Temchenko stated “As the Supreme Court explained in Robinson v. California, 370 U.S. 660 (1962), any statute that criminalizes the status of a person inflicts a cruel and unusual punishment in violation of the Eight and Fourteenth
To be addicted to something, one must have a physical and mental needy of a specific substance and cannot stop taking it without opposing results. Having an addiction to a drug would eliminate the mens rea that is needed to be considered a crime. Some individuals do not have the options of not being addicted to some type of drugs. Stated in the article, DRUG ADDICTION IS AN ILLNESS, NOT A CRIME, “The child of an addict is 3-5 times more likely to become alcoholic/addict as well; bolstering the data that suggests there is a strong genetic (medical) link.” Being born with an addiction indicates, that addiction is an individual’s status not an act or mindset. The Case Robinson v. California reached the Supreme Court in regards to the violation of the eight amendment due to punishing an individual due to his status. Eugene Temchenko stated “As the Supreme Court explained in Robinson v. California, 370 U.S. 660 (1962), any statute that criminalizes the status of a person inflicts a cruel and unusual punishment in violation of the Eight and Fourteenth