Punishment
vs Treatment in DUI Cases
Information
courtesy of Lawrence Taylor - DUIblog
Contrary
to the deceptive statistics publicized by MADD (see "A Closer
Look at DUI Fatality Statistics"), the number of deaths caused
by drunk driving has not decreased significantly since the beginning
of increasingly harsh penalties years ago. And so new laws are passed
further lowering legal limits and raising penalties....ad infinitum.
The
simple fact is that most DUI-related deaths are caused by a relatively
small group of "problem drinkers". These individuals are
typically characterized by recidivism (repeat offenses), unusually
high blood-alcohol levels -- and alcoholism. And they are simply
not deterred by criminal sanctions.
By
now, most experts recognize that alcoholism is a disease, not a
choice. And you don't treat a disease with incarceration. If you
throw an alcoholic in jail for six months, on the day he walks out
he will likely go to the first bar he finds and resume drinking.
What has been accomplished?
Apparently,
a small number of more enlightened judges are beginning to come
to the same conclusions. Consider the following Los Angeles Times
article (involving a judge sitting in one of my home courts):
"Every
Friday, the second floor of Harbor Justice Center in Newport Beach
echoes with the curious sound of applause, breaking the somber
silence that otherwise pervades these hallways when DUI hearings
are in full swing....
"Positive
reinforcement is a central tenet of Orange County's DUI court,
which opened in October. It is one of only two courts of its kind
in California but is one of a growing number nationwide. They're
designed to reduce recidivism among drunk drivers by providing
encouragement and strict supervision to help treat addiction rather
than imposing jail sentences or fines....
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