United States v. Moore
Encyclopedia
United States v. Moore, 486 F.2d 1139 (D.C. Cir. 1973), was a case decided by the D.C. Circuit that refused to recognize a common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 affirmative defense
Affirmative defense
A defendant offers an affirmative defense when responding to a plaintiff's claim in common law jurisdictions, or, more familiarly, in criminal law. Essentially, the defendant affirms that the condition is occurring or has occurred but offers a defense that bars, or prevents, the plaintiff's claim. ...

 of addiction in a criminal prosecution for the possession of heroin.

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
Substance dependence
The section about substance dependence in the Diagnostic and Statistical Manual of Mental Disorders does not use the word addiction at all. It explains:...

 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
Model Penal Code
The Model Penal Code is a statutory text which was developed by the American Law Institute in 1962. The Chief Reporter on the project was Herbert Wechsler. The current form of the MPC was last updated in 1981. The purpose of the MPC was to stimulate and assist legislatures in making an effort to...

.

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