NCJ Number
126136
Editor(s)
J Vernon
Date Published
1990
Length
274 pages
Annotation
A 1989 conference sponsored by the Australian Institute of Criminology examines the link between alcohol and crime in terms of criminal responsibility and sentencing.
Abstract
Under the Western Australian Criminal Code, a person is not criminally responsible for an act or omission if he or she was in a state of mental disease or natural mental infirmity. This is the basis of the insanity defense, and it is closely linked to intoxication or drunkenness. The same provisions apply to a person whose mind is distorted by intoxication caused without intention on his or her part by alcohol. The provisions do not apply to individuals who have intentionally caused themselves to become intoxicated. In short, drunkenness is never a defense unless it produces a state equivalent to insanity and even then not if drunkenness was voluntarily induced. The fact that a person was drunk at the time of an offense may be a mitigating factor in sentencing. Much depends on the seriousness of the offense and the circumstances under which it was committed. The link between alcohol and crime is specifically examined in conference presentations that focus on prisoner experiences with alcohol, the alcohol factor in court, the role of alcohol in violent crime and domestic violence, drinking and driving, juvenile alcohol use and delinquency, effects of alcohol use on aboriginal women, the decriminalization of drunkenness, positive programs for convicted offenders, and the effectiveness of legislative and fiscal restrictions in reducing alcohol-related crime and traffic accidents. References, footnotes, tables, and figures