The Addict's Plea

A man developed painful medical problems and was prescribed strong narcotic painkillers. He became addicted. He was charged with twelve counts of getting narcotics by misrepresentation, fraud and deception. He wanted to tell the jury he was legally insane: that his addiction, together with physical damage to his brain, meant he could not control his conduct or appreciate that it was wrong. The trial judge would not let the jury hear evidence about his addiction at all. The question is whether addiction can ever count as a mental disease for an insanity defence.