ABSTRACT
This chapter demonstrates that, despite claims to expand the mitigating and excusing force of addiction based on burgeoning scientific research, existing Anglo-American criminal law is most consistent with the choice position. It argues that this is a defensible approach that is consistent with current science and with traditional justifications of criminal blame and punishment. The chapter discusses preliminary issues to avoid potential objections that the discussion adopts an unrealistic view of addiction. It provides a general explanation of the responsibility criteria of the criminal law and briefly addresses false or distracting claims about lack of responsibility. The chapter seeks to analyse of the criminal law’s doctrines about addiction to confirm that the criminal law primarily adopts a choice model and that addiction per se plays almost no role in responsibility ascriptions. It concludes with a general defense of present doctrine and practice, but briefly suggests beneficial liberalizing reforms.
