Criminal Law

Quiz #1 Chapters 1,2,& 3

Question:  A state cannot pass a law making addiction a crime, because it is in violation of the Overbreadth Doctrine. True or False

Correct Answer: True

My Answer: False

Research done on Pages 19-20 of the Criminal Law Textbook.

I am in full understanding that the answer of false would apply to the question asked above.  One could assume that a law making an addiction illegal could be unconstitutional because it would be considered a Status Crime.  Although...

In my own opinion from reading the Criminal Law Text book on Pages 19-20, I made the assumption that making a law against an addiction would fall more under the Overbreadth Doctrine and that the question could be deemed misleading.  The definition of the Overbreadth Doctrine states; the constitution law doctrine that invalidates laws that regulate conduct so broadly as to interfere with individual freedoms. I stress the words individual and freedoms.  The Overbreadth Doctrines protects people with legal addictions.  Many citizens in our society have legal addictions such as gambling, drinking, internet porn, etc, etc.  Many members of our society may not agree with their addictions because they might be deemed morally wrong in their eyes.  These people could banned together and convince our elected officials to pass laws against these legal addictions.  The Overbreadth Doctrine covers these people from one day being prosecuted because of an infringement on their individual freedoms.  Some of these addictions might be morally wrong or harm family and friends, but a law against legal addictions would broadly interfere with a persons individual freedoms. 

A person could reasonable find that an answer of false would apply, because this question applies to both Status and Overbreadth Doctrines. Making a law "legal" addictions would be unconstitutional and in violation of the Overbreadth Doctrine.

Eric Marten

Criminal Law Wednesday 9:00am class