United States v. Moore

United States v. Moore, 486 F.2d 1139 (D.C. Cir. 1973),[1] was a case decided by the D.C. Circuit that refused to recognize a common law affirmative defense of addiction in a criminal prosecution for the possession of heroin.[2]

United States v. Moore
CourtUnited States Court of Appeals for the District of Columbia Circuit
Full case nameUnited States of America v. Raymond Moore
ArguedSeptember 10, 1971
DecidedMay 14, 1973
Citation(s)486 F.2d 1139
Case history
Subsequent action(s)Certiorari denied, 94 S. Ct. 298 (1973).
Court membership
Judge(s) sittingDavid L. Bazelon, J. Skelly Wright, Carl E. McGowan, Edward Allen Tamm, Harold Leventhal, Spottswood William Robinson III, George MacKinnon, Roger Robb, Malcolm Richard Wilkey (en banc)
Case opinions
Per curiam
ConcurrenceWilkey, joined by MacKinnon, Robb
ConcurrenceLeventhal, joined by McGowan
ConcurrenceMacKinnon
ConcurrenceRobb
DissentWright, joined by Bazelon, Tamm, Robinson

Decision

The defendant Moore was charged with the possession of heroin, and in his defense sought to introduce psychiatric testimony that because of his heroin addiction he lacked substantial capacity to conform his behavior to the standards of the criminal law. The court refused to recognize Moore's proposed common law defense of addiction because of difficulties in administration and inconsistency with the Model Penal Code.[3]

A dissenting opinion by Judge J. Skelly Wright advocated for the recognition of the common law defense.[4]

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References
  1. United States v. Moore, 486 F.2d 1139 (D.C. Cir. 1973).
  2. Bonnie, R.J. et al. Criminal Law, Second Edition. Foundation Press, New York: 2004, p. 587
  3. Bonnie, p. 590
  4. Bonnie, p. 587
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