United States v. Behrman

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]

United States v. Behrman
Argued March 7, 1922
Decided March 27, 1922
Full case nameUnited States v. Behrman
Citations258 U.S. 280 (more)
42 S. Ct. 303; 66 L. Ed. 619
Court membership
Chief Justice
William H. Taft
Associate Justices
Joseph McKenna · Oliver W. Holmes Jr.
William R. Day · Willis Van Devanter
Mahlon Pitney · James C. McReynolds
Louis Brandeis · John H. Clarke
Case opinions
MajorityDay, joined by Taft, McKenna, Van Devanter, Pitney, Clarke
DissentHolmes, joined by Brandeis, McReynolds

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
  1. Bonnie, R.J. et al. Criminal Law, Second Edition. Foundation Press, New York: 2004, p. 262
  2. Bonnie, p. 261
  3. Bonnie, p. 263
  4. Bonnie, p. 262
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