Robinson V. California, 1962

Robinson v. California, 1962
“11721 of the California Health and Safety Code states: “No person shall use, or be under the influence of, or be addicted to the use of narcotics, except when administered by or under the direction of a person licensed by the State to prescribe and administer narcotics. Any person convicted of violating any provision of this section is guilty of a misdemeanor and shall be sentenced to serve a term of not less than 90 days nor more than one year in the county jail” (law.cornell.edu)
“Lawrence Robinson, a resident in California, was arrested after a police officer thought that he had injection marks on his arms. The officer also added that Robinson claimed that he was an addict, which the he later denied. His 90-day
The officer said that at that time of arrest he had seen discolorations and scabs on Mr. Robinson’s arms. Supposedly the officer knew the tell tale signs of use of narcotics based upon more than ten years of experience as a member of the Narcotic Division of the L.A. Police Department, the officer gave his opinion that "these marks and the discoloration were the result of the injection of hypodermic needles into the tissue into the vein that was not sterile." He stated that the scabs were several days old at the time of his examination, and that the suspect was neither under the influence of narcotics nor suffering withdrawal symptoms at the time he was seen” (lae.cornell.edu). Narcotic users tend to have withdrawal symptoms after only a few short days of non-use. “Symptoms usually start within 12 hours of last heroin usage and within 30 hours of last methadone exposure” (nlm.nig.gov). Doctors can usually perform a test using blood, or urine samples collected from the accused to test to confirm the use of the drugs. “This witness also testified that Mr. Robinson had admitted using narcotics in the past. He testified in his own behalf, denying the alleged conversations with the police officers and he denied that he had ever used drugs or been addicted to them”
“The trial judge instructed the jury that it was a misdemeanor for a person either to use narcotics, or to be addicted to the use of narcotics. To be addicted to the use of narcotics is said to be a status or condition, and not an act. It is a continuing offense, and differs from most other offenses in the fact that it is chronic, rather than acute; that it continues after it is complete, and subjects the offender to arrest at any time before he reforms. All that the person must show is either that the defendant did use a narcotic in L.A. County, or that, while in the City of Los Angeles, he was addicted to the use of narcotics. With this information on hand, the jury gave a verdict finding Mr.Robinson ‘guilty of the offense charged’ (law.cornell.edu). Even though Mr.Robinson was declared guilty by the jury it was a wrongful conviction. In some people’s opinion, drug addiction is recognized as a disease, and most people believe that a person cannot be punished for having a