What is the test for determining whether a defendant was responsible for his failure to seek treatment for alcoholism?

California, United States of America


The following excerpt is from People v. Williams, E063033 (Cal. App. 2016):

That defendant "probably" bore "some responsibility" for his failure to seek any treatment for his alcoholism was an understatement. No amount of prior consequences had yet convinced defendant to seek actual treatment for his disease. Defendant was largely, if not wholly, responsible for his health issues, and he failed to show extraordinary circumstances to justify disparate treatment on account of those issues. "[D]rug addiction [or alcoholism] is not necessarily regarded as a mitigating factor when a criminal defendant has a long-term problem and seems unwilling to pursue treatment." (People v. Martinez (1999) 71 Cal.App.4th 1502, 1511.)

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