Gambling Addiction Defence on Trial: Canadian Expert Witness Perspectives
The American Psychiatric Association's evolving recognition of pathological gambling as a behavioral addiction (DSM-III, 1980; DSM-V, 2013) has occasioned increased use of the gambling addiction defence in criminal trials. Reflecting upon our experiences as expert witnesses in criminal and civi...
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| Format: | Electronic Book |
| Language: | English |
| Published: |
2014
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| In: | Year: 2014 |
| Online Access: |
Volltext (kostenfrei) |
| Check availability: | HBZ Gateway |
| Summary: | The American Psychiatric Association's evolving recognition of pathological gambling as a behavioral addiction (DSM-III, 1980; DSM-V, 2013) has occasioned increased use of the gambling addiction defence in criminal trials. Reflecting upon our experiences as expert witnesses in criminal and civil liability proceedings where gambling addiction was a significant factor, we a) describe the expert witness role; b) examine the links among frequent and intense EGM play, gambling addiction, and financially-based crimes; c) review how revisions to the Diagnostic and Statistical Manual influenced the Canadian judicial system response to such crime; and d) explore prospects for reducing criminal activity by addicted EGM players. We discuss how and why gambling addiction has become generally accepted as a mitigating factor in Canadian criminal trials. In this commentary we also analyze how the plight of addicted gamblers who resort to criminal behavior might be remediated by a) gambling-specific consumer protection measures; b) tighter regulatory control over the addictive elements of EGM play; c) the implementation of gambling courts; and d) a legislated duty of care owed by gambling providers to EGM players |
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