Drug-Induced Violence And Criminal Liability: A Psychopharmacological And Legal Study In The Indian Context

Abstract

Drug-induced violence is a complex issue in relation to criminal law, criminology and forensic evaluation as violent behavior does not necessarily result from intoxication and intoxication does not excuse criminal liability. The present study explores the issue of drug induced violence and criminal liability in the Indian context by syncretizing the two approaches, psychopharmacological and legal, in an integrated approach. The study examines associations between substance-use history, offence-time intoxication, psychopharmacological impairment, impulsivity, aggression, offence severity, legal recognition, sentencing, rehabilitation, relapse, and recidivism risk using an empirical sample of 150 drug courts cases. Descriptive statistics, reliability testing, correlation analysis, categorical association tests, group comparisons and regression models were applied for the analysis. The results indicated that there was a relationship between substance exposure, acute intoxication and psychopharmacological impairment; that psychopharmacological impairment was related to impulsivity and aggression. Impulsivity was more strongly tied to impulsive offending while aggression was more strongly tied to violent offending, severity of offending, and recidivism risk. Another gap identified in the study is the legal-recognition gap. In many cases there was an element of offence time intoxication but the formal documentation and court consideration was more discriminating. The legal framing around intent and the psychopharmacological evidence were the most prominent aspects of court consideration. Dependence severity, impulsivity, aggression, relapse, and rehabilitation completion were the factors most associated with recidivism risk, whereas the factors most associated with sentencing were offence seriousness. The study concludes that drug-induced violence must be considered as a staged behavioural/legal process, and not just a direct consequence of being intoxicated.