Reference no: EM132110366

Criminal Justice

Larry Loser has been arrested and charged with posessing a small amount of heroin. On two prior ocassions in the preceeding ten, years he was convicted of posessing about the same amount of herorin. On three ocassions during this time, he was arrested for herorinn posession, but the charges were supressed following a finding that the police had violated his FOurth Amendment rights in obtaining the herorin.

The state of Jay, the jurisdiction where Larry has been charged, has a criminal statute that prohibits posession of the amount of herorin he is said to have posessed. There is no provision in Jay statutes that recognizes an excuse from criminal liability for possessing herorin.

Nonetheless, Loser's lawyer, Stanley Sleazebag, argues at Loser's trial that his client cannot reasonably be held liable, and pnished, for posessing heroin in the quantity charged. No one has ever claimed that Loser is a drug trafficker, Sleazebag points out.The only issue before the court, Sleazebag contends, is whether to punish someone for conduct he hasn't the capacity to refrain from engaging in. Sleazebag proposes to ask a psychiatrist, harry Hiredgun, to testify that Loser is an addict incapable of controlling his behaviot. Once Giredgun testifies, Sleazebag says, he'll ask the judge to instruct the jury that they should acquit Loser if they find he hadn't the capacity to conform to the requirements of the law.

On hearing this motion, the prosecutor in the case, Zelda Zealot, moves to prevent Hiredgun from testifying. No such defense to criminal liability is available in the state of Jay, she notes so she claims the judge should not recognize it. In any event, if Hiredgunactually is permitted to testify, Zealot says, she'll summon Darryl Duelist, apsychiatrist regularly retained by the state. She expects he will testify that, although an addict, Loser had the capacity to refrain from buying and consuming heroin.

You are the judge presiding over the case. Write a memorandum of no more that 300 words in which you determine the merits of Sleazbag's motion to controduce Hiredgun's testimony. If you draw on remarks made by one of the judges in Moore, be suree to credit that judge with appropriate citations.