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Alcoholism and Criminal Liability
Author(s) -
Tolmie Julia
Publication year - 2001
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.00346
Subject(s) - criminal responsibility , criminal law , criminal liability , perspective (graphical) , diminished responsibility , liability , strict liability , psychology , law , criminal behaviour , criminology , political science , computer science , artificial intelligence
Having examined the question of whether alcoholism should be regarded as a disease or habitual and learned behaviour, the article assesses from a comparative law perspective the effect of alcoholism as a defence to criminal responsibility. The article proposes a ‘disease’ model of alcoholism for the purpose of criminal law, and criticises its handling through the law of diminished responsibility.