Brief of Amici Curiae of 11 Addiction Experts in Support of Appellee
Gene Heyman
Scott Lilienfeld
Stephen Morse
Sally Satel
SimpleOriginal

Summary

Amici urge rejecting the claim that addiction makes drug use involuntary. They note the brain-disease model is disputed, people with SUD respond to incentives, and adopting involuntariness would limit probation and drug courts.

2018 | State Juristiction

Brief of Amici Curiae of 11 Addiction Experts in Support of Appellee

Keywords brain disease model; addiction; neurobiological correlates; behavioral manifestations; contingencies; choice; criminal justice; treatment approaches; scientific premises; criminal responsibility

SUMMARY OF THE ARGUMENT

This brief is a critique of the brain disease model and many supposed implications of that model. It begins with a brief history of the model and moves to a discussion of the motivations behind the characterization of addiction as a “chronic and relapsing brain disease.” We follow with an enumeration of fallacious inferences based upon the brain disease model, including the very notion that addiction becomes a “brain disease” simply because it has neurobiological correlates. Regardless of whether addiction is labeled a brain disease, the real question, we contend, is whether the behavioral manifestations of addiction are unresponsive to contingencies. We then present an overview of data demonstrating that addiction is a set of behaviors whose course can be altered by foreseeable consequences. The same cannot be said of conventional brain diseases such as Alzheimer’s or multiple sclerosis. The best scientific and clinical data we have do not support the view that addicts are unable to refrain from using substances by choice. By “choice” we mean the product of the capacity to respond to incentive and reasons, which obviously varies among addicts but which are virtually never entirely lost. Data amply show that addicts retain that capacity. Finally, we demonstrate how a decision in favor of the probationer could have significant implications for the future of treatment-based approaches to criminal justice, as well as for criminal responsibility more generally. We conclude that the probationer’s claim should be denied because it rests on refuted scientific premises and will have negative consequences if it is accepted .

Open Amicus Brief as PDF

SUMMARY OF THE ARGUMENT

This document offers a critical examination of the brain disease model of addiction and its various perceived implications. It initiates with a concise historical account of the model, subsequently discussing the motivations behind categorizing addiction as a "chronic and relapsing brain disease." The analysis then enumerates fallacious inferences derived from this model, including the proposition that addiction constitutes a "brain disease" solely due to its neurobiological correlates. A central assertion is whether the behavioral manifestations of addiction are impervious to external contingencies. Data are then presented, demonstrating that addiction encompasses a set of behaviors whose trajectory can be altered by foreseeable consequences. This contrasts with established brain diseases such as Alzheimer’s or multiple sclerosis. Available scientific and clinical evidence does not support the view that individuals with addiction are inherently unable to abstain from substance use by choice. This concept of "choice" refers to the capacity to respond to incentives and reasons, a capacity that, while varying among individuals, is rarely entirely absent. Empirical data amply confirm this retained capacity. Ultimately, the document explores how a decision favoring the probationer could significantly influence the future of treatment-based approaches within criminal justice, as well as broader considerations of criminal responsibility. It concludes by recommending denial of the probationer's claim, as it relies on refuted scientific premises and could lead to negative consequences if accepted.

Open Amicus Brief as PDF

Summary

This document critically examines the brain disease model of addiction and its various implications. It begins by outlining the model's historical development and the reasons behind labeling addiction as a "chronic and relapsing brain disease." The document then challenges the flawed assumption that addiction automatically becomes a brain disease merely because it involves neurobiological changes. Instead, a central question considered is whether the behavioral manifestations of addiction are unresponsive to specific consequences.

Evidence presented demonstrates that addiction comprises behaviors whose course can indeed be altered by foreseeable outcomes, a characteristic not shared by conventional brain diseases like Alzheimer’s or multiple sclerosis. The best available scientific and clinical data do not support the view that individuals experiencing addiction are entirely unable to choose to refrain from substance use. While this capacity to respond to incentives and reasons varies among individuals, it is almost never completely lost. Finally, the document illustrates how a decision favoring the probationer in such a case could have significant repercussions for future treatment-based approaches within the criminal justice system, as well as for the broader concept of criminal responsibility. Therefore, the probationer’s claim should be denied, as it rests on scientifically refuted premises and would lead to negative consequences if accepted.

Open Amicus Brief as PDF

Summary of the Argument

This document examines the idea that addiction is a brain disease and questions what this model suggests. It starts by looking at the history of this model and the reasons why addiction has been called a "chronic and relapsing brain disease."

The paper then points out mistaken conclusions drawn from the brain disease model, such as believing addiction is a disease just because it involves brain activity. The more important question, it argues, is whether addictive behaviors can be changed by consequences. Unlike diseases such as Alzheimer's or multiple sclerosis, scientific evidence shows that the actions related to addiction can indeed be altered by expected outcomes.

Current scientific and clinical information does not support the idea that individuals with addiction completely lose the ability to choose not to use substances. This ability to make choices, meaning the capacity to respond to rewards and reasons, varies among individuals but is almost never entirely gone. Evidence clearly shows that people with addiction keep this capacity. The document also explains how a legal decision supporting a probationer (who might claim addiction removes responsibility) could greatly affect how the criminal justice system handles treatment and assigns blame. Therefore, it is concluded that the probationer's claim should be rejected, as it is based on scientific ideas that have been disproven and could lead to negative results if accepted.

Open Amicus Brief as PDF

SUMMARY OF THE ARGUMENT

This paper looks at the idea that addiction is a brain disease and questions what people think this idea means. It first explains where the "brain disease" idea came from. Then, it talks about why some people call addiction a "long-lasting brain disease that keeps coming back." The paper points out mistakes made when people use this brain disease idea. For example, some think addiction is a brain disease just because it involves the brain.

The main question is this: can people change their addiction behaviors when things around them change? Evidence shows that addiction is about choices and actions. These actions can be changed by what happens next. This is not true for real brain diseases like Alzheimer's or MS. Good science does not show that people with addiction cannot choose to stop using drugs. By "choice," this paper means the ability to react to good reasons and rewards. This ability is different for each person with addiction, but it is almost never fully gone. Many facts show that people with addiction still have this ability.

Lastly, the paper explains that if a judge decides for the person on probation, it could change how the law treats addiction. It could also change how people are held responsible for crimes. The paper ends by saying the person on probation should not win their case. This is because their claim uses old science that has been shown to be wrong. Also, letting them win could cause problems.

Open Amicus Brief as PDF

Footnotes and Citation

Cite

Brief of Amici Curiae of 11 Addiction Experts in Support of Appellee, Commonwealth v. Eldred, 480 Mass. 90, 101 N.E.3d 911 (2018) (No. SJC-12279).

    Highlights