[...]... drafting and enacting statutes (U.S Const art I, § 8) The Judicial Branch is responsible for interpreting Principles of Addictions and the Law: Applications in Forensic, Mental Health, and Medical Practice Copyright © 2010 by Elsevier Inc All rights of reproduction in any form reserved 2000 1 2 Principles of Addictions and the Law laws, ensuring they are constitutional and applying them to the facts of a... of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby …” (U.S Const art VI) The Constitution includes seven Articles and twenty-seven Amendments The first ten Amendments are the Bill of Rights, which establish the fundamental rights of Americans For example, the First Amendment protects the freedom of. .. that can reduce the capacity of the individual to resist the use of these substances and hence avoid the resulting adverse consequences The addictive drive can compel the individual to relapse to the adverse effects of alcohol and drugs despite the initially intact capacity to form intent in the legal sense in the abstinent state Once the compulsive use of drugs and alcohol is initiated, the capacity... testimony and exhibits Then the trier of fact, either a judge or a jury in the trial court, will apply the law to the established facts and make a decision If either party is unhappy with the outcome, it may appeal the case However, only matters of law can be appealed The appellate court reviews the trial court’s decision for reversible error The appellate court will neither hear new testimony on the issue,... co-morbidity, the general biology of addiction, and the effects of substance abuse and addiction on special populations Written by experts in law and psychiatry, with case law, clinical vignettes, and landmark cases to illustrate material, we believe this book will be an important reference to those needing to better understand the principles of addiction and the law Chapter 1 The Basic Legal Structure and. .. entire house, the bill is then debated on the floor of the house Members of the house may argue for or against the bill and may offer amendments Finally, the house will vote on the bill After one house has passed a bill, it is sent to the other house and the process is repeated in that house If the second house amends the bill in any manner, it must be sent again to the first house to approve the amendments... “Proof beyond a reasonable doubt” is proof of 3 4 Principles of Addictions and the Law such character that an ordinary person would be willing to rely and act upon it in the most important of the person’s own affairs (Ohio Rev Code Ann § 2901.05(E) (West 2008)) Criminal Law Elements of Crimes Most crimes consist of two elements: the actus reus, which is Latin for “guilty act” (Garner, 2004); and the. .. actions either: (1) to know the wrongfulness of his or her actions; or (2) to understand the nature and quality of his or her actions The second is the Irresistible Impulse Test, which states that a defendant is not guilty if a mental illness rendered him or 5 6 Principles of Addictions and the Law her unable to control his or her actions, or to conform his or her conduct to the law The third is the Durham... actual harm, either to his or her person or property Malpractice is a form of professional negligence Professionals are held to a standard of care as measured by others within that profession Therefore, professionals such as doctors and lawyers are required to exercise their superior knowledge when acting on or with patients or clients Offenses Related to Addictions Clearly, addictions and the law are intertwined... alteration of a prescription or written order or by the concealment of a material fact or by the use of a false name or giving a false address, a controlled substance; 2 Unlawful possession of a controlled substance is a … felony BASIC CONSTITUTIONAL RIGHTS The Bill of Rights The United States Constitution is the source of law that trumps all other laws Article VI declares, “This Constitution, and the Laws of . 35% of convicted offenders were under the influence of alcohol at the time of their offense. An additional significant proportion of offenders were using other drugs at the time of their offense alt="" Principles of Addictions and the Law Applications in Forensic, Mental Health, and Medical Practice This page intentionally left blank Principles of Addictions and the Law Applications. status and not a crime. Principles of Addictions and the Law is a book for mental health profes- sionals, health practitioners, and legal professionals wanting to better under- stand how the science