| United States v. Behrman | |
|---|---|
 | |
| Argued March 7, 1922 Decided March 27, 1922 | |
| Full case name | United States v. Behrman |
| Citations | 258
U.S.
280 (
more) 42 S. Ct. 303; 66
L. Ed. 619 |
| Court membership | |
| |
| Case opinions | |
| Majority | Day, joined by Taft, McKenna, Van Devanter, Pitney, Clarke |
| Dissent | Holmes, joined by Brandeis, McReynolds |
United States v. Behrman, 258 U.S. 280 (1922), was a United States Supreme Court case in which the Court held that a violation of the Harrison Narcotics Act did not require a mens rea element and was thus a strict liability crime. [1]
Background
The defendant was a licensed physician that wrote prescriptions to Willie King for 150 grains of heroin, 360 grains of morphine, and 210 grains of cocaine as part of a maintenance treatment. The defendant was indicted under the Harrison Act, but the district court dismissed the indictment. [2]
Decision
The Supreme Court held that the facts were sufficient to support an indictment. The court held that the violation of the Harrison Act was a statutory offense, and because Congress had not written in a mental state element as part of the offense that the Court should not do so. [3]
Dissent
Justice Holmes, joined by Justices Brandeis and McReynolds, dissented, saying that if the doctor had given the prescriptions in good faith and with reasonable care that he should have a defense. [4]
See also
References
External links
- Text of United States v. Behrman, 258 U.S. 280 (1922) is available from: CourtListener Justia Library of Congress
| United States v. Behrman | |
|---|---|
| |
| Argued March 7, 1922 Decided March 27, 1922 | |
| Full case name | United States v. Behrman |
| Citations | 258
U.S.
280 (
more) 42 S. Ct. 303; 66
L. Ed. 619 |
| Court membership | |
| |
| Case opinions | |
| Majority | Day, joined by Taft, McKenna, Van Devanter, Pitney, Clarke |
| Dissent | Holmes, joined by Brandeis, McReynolds |
United States v. Behrman, 258 U.S. 280 (1922), was a United States Supreme Court case in which the Court held that a violation of the Harrison Narcotics Act did not require a mens rea element and was thus a strict liability crime. [1]
Background
The defendant was a licensed physician that wrote prescriptions to Willie King for 150 grains of heroin, 360 grains of morphine, and 210 grains of cocaine as part of a maintenance treatment. The defendant was indicted under the Harrison Act, but the district court dismissed the indictment. [2]
Decision
The Supreme Court held that the facts were sufficient to support an indictment. The court held that the violation of the Harrison Act was a statutory offense, and because Congress had not written in a mental state element as part of the offense that the Court should not do so. [3]
Dissent
Justice Holmes, joined by Justices Brandeis and McReynolds, dissented, saying that if the doctor had given the prescriptions in good faith and with reasonable care that he should have a defense. [4]
See also
References
External links
- Text of United States v. Behrman, 258 U.S. 280 (1922) is available from: CourtListener Justia Library of Congress