Powell v. Texas case brief

 

• Powell v Texas- D was arrested and charged with being intoxicated in public. At trial, D presented expert testimony that alcoholism is either physically addicting or psychologically “habituating”, a chronic alcoholic is an involuntary drinker who is powerless not to drink who loses his self control over his drinking. And his compulsion to drink is not completely overpowering but a very strong influence. State said he was sane so no defense.
  • From Robinson Precedent….criminal penalties may be inflicted only if the accused has committed some act, has engaged in some behavior, which society has an interest on preventing, or perhaps in historical common law terms, has committed some actus reus.
  • Ct is unable to conclude that chronic alcoholics suffer from such an irresistible compulsion to drink and to get drunk in public that they are utterly unable to control their performance of either or both of these acts and thus cannot be deterred at all from public intoxication.
    • There are 2 elements to alcoholism:
      • (1) Ability to control yourself once you start drinking
        • It is possible he cannot control he can’t control later drinks
        • He had no control over later drinks
      • (2) Ability to control yourself from taking the first drink
        • Ct says it is unconvinced he couldn’t control 1^st drink
        • Expert said desire was exceedingly strong to take the first drink but not overwhelming
        • He had some but limited control over the first drink