author:I. Nelson Rose
published in: 1988
summary: The idea that compulsive gambling is a disease is in direct conflict with the dominant view in the law that gambling is a vice. Under the traditional view individuals who gamble to excess are morally weak and deserving of punishment. The recognition of ldquopathological gamblingrdquo as an official mental disease or disorder by the American Psychiatric Association in 1980 created an irreconcilable contention: American law never punishes an individual for being sick. The conflict can be seen in every area of the law and even between judges sitting in the same courtroom. The most dramatic disputes have been over the insanity defense; but, the disease argument has been raised, sometimes successfully, in other criminal cases, to mitigate sentencing, in attorney disbarments, tax cases, bankruptcies, divorces, personal injury claims, and, most significantly, in claims against casinos. The legal disputes will spread and become even more heated as the disease diagnosis becomes more generally accepted.
related url: http://www.springerlink.com/content/m7p650p6725x8nm7/?p=a...
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type: article in journal
publisher: Springer Netherlands
is part of a publication: Journal of Gambling Studies
copyright: © Springer
original language: English
article pagination: start page: 240 - end page: 260
- Article entered in GambLIB database on nov. 24. 2008, 12:11
- Item added by user Tina Krušnik