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Criminal Law Keyed to Gershowitz
Powell v. Texas
Citation:
392 U.S. 514, 88 S.Ct. 2145, 20 L.Ed.2d 1254.Facts
In late December 1966, the defendant was arrested and charged with being found in a state of intoxication in a public place, in violation of Texas Penal Code, Art. 477 (1952). At trial, his counsel urged that the defendant was “afflicted with the disease of chronic alcoholism,” that “his appearance in public [while drunk was] . . . not of his own volition,” and therefore that to punish him criminally for that conduct would be cruel and unusual, in violation of the Eighth and Fourteenth Amendments to the United States Constitution.
At trial, the principal testimony was from Dr. David Wade, who testified that the defendant is a chronic alcoholic and unable to control his behavior. He testified that the defendant is an “involuntary drinker,” who is “powerless not to drink,” and who “loses his self-control over his drinking.” On cross examination, he admitted that individuals like the defendant have a compulsion that is not completely overpowering but is an exceedingly strong influence.
The defendant was convicted. He appealed.
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Topic Resources
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Elements of a CrimeTopic Refresher Course
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Defenses