| Litigants: | United States v. Behrman |
| Arguedate: | March 7 |
| Argueyear: | 1922 |
| Decidedate: | March 27 |
| Decideyear: | 1922 |
| Fullname: | United States v. Behrman |
| Usvol: | 258 |
| Uspage: | 280 |
| Parallelcitations: | 42 S. Ct. 303; 66 L. Ed. 619 |
| Majority: | Day |
| Joinmajority: | Taft, McKenna, Van Devanter, Pitney, Clarke |
| Dissent: | Holmes |
| Joindissent: | Brandeis, McReynolds |
United States v. Behrman, 258 U.S. 280 (1922), was a United States Supreme Court case in which the Court held that a violation of the Harrison Narcotics Act did not require a mens rea element and was thus a strict liability crime.[1]
The defendant was a licensed physician that wrote prescriptions to Willie King for 150 grains of heroin, 360 grains of morphine, and 210 grains of cocaine as part of a maintenance treatment. The defendant was indicted under the Harrison Act, but the district court dismissed the indictment.[2]
The Supreme Court held that the facts were sufficient to support an indictment. The court held that the violation of the Harrison Act was a statutory offense, and because Congress had not written in a mental state element as part of the offense that the Court should not do so.[3]
Justice Holmes, joined by Justices Brandeis and McReynolds, dissented, saying that if the doctor had given the prescriptions in good faith and with reasonable care that he should have a defense.[4]