NCJ Number
46286
Journal
Journal of Police Science and Administration Volume: 5 Issue: 2 Dated: (JUNE 1977) Pages: 138-144
Date Published
1977
Length
8 pages
Annotation
PROBLEMS WITH CONVENTIONAL DRIVING WHILE INTOXICATED (DWI) ENFORCEMENT PROGRAMS ARE EXAMINED, AND AN ALTERNATIVE PROGRAM BASED ON DECRIMINALIZATION AND REHABILITATION IS PRESENTED.
Abstract
COVENTIONAL PROGRAMS HAVE A NUMBER OF SERIOUS PROBLEMS. THEY FAIL TO CHANGE THE BEHAVIORAL ATTITUDE OF THE OFFENDER, THEY DO NOT HAVE WHOLE-HEARTED POLICE SUPPORT, THEY TEND TO PRODUCE CORRUPTION AND INEQUITIES OF JUSTICE, THEY ARE SELF-DEFEATING, AND THEY PLACE THE DEFENSE COUNSEL IN A NONPRODUCTIVE AND UNSATISFYING ROLE. THERE ARE A NUMBER OF CRITERIA FOR A SUCCESSFUL DWI ENFORCEMENT PROGRAM. THERE MUST BE A SUBSTANTIAL INCREASE IN ARRESTS; THIS WILL REQUIRE UNDERSTANDING AND HELPING ATTITUDES ON THE PART OF POLICE AND A FULL COMMUNICATION OF TREATMENT PROGRAMS AND OFFENDER PROGRESS. THERE MUST ALSO BE A RAPID LOW-COST FLOW OF APPREHENDED DRIVERS THROUGH THE COURTS. MUCH TIME CAN BE SAVED IN THE COURTS BY THE DECRIMINALIZATION OF DWI OFFENSES, RETENTION OF THE DRIVER'S LICENSE, AND A CONCESSION ON THE PART OF THE DRIVER OF BEING DWI OR HAVING ALCOHOL-RELATED PROBLEMS. THERE MUST BE A CONCERTED AND MEANINGFUL EFFORT TOWARD CHANGING THE BEHAVIOR OF THE ARRESTED OFFENDER. THIS WILL REQUIRE SUPPORT AND WORK ON THE PART OF POLICE, THE COURT, THE DIAGNOSTIC AGENCY, THE OFFENDER, THE PROSECUTOR, THE DEFENSE ATTORNEY, THE OFFENDER'S SPOUSE, THE FAMILY DOCTOR, AND THE JUDGE. THERE MUST BE A FINALITY TO LITIGATION AND A PROBATIONARY PERIOD TO DETERMINE THE EFFECTIVENESS OF TREATMENT PRIOR TO DISCHARGE OF THE DWI OFFENSE. ONGOING EVALUATION OF THE OVERALL EFFECTIVENESS OF THE PROGRAM WILL ALSO BE NEEDED. FINALLY, THERE MUST BE A BALANCE OF INVOLVED ECONOMIC INTERESTS. ONE PROGRAM BEING CARRIED OUT BY THE PARK FOREST, ILLINOIS, LUTHERAN GENERAL HOSPITAL USUALLY BEGINS IN COURT. THE OFFENDER IS GIVEN AN INFORMATION SHEET EXPLAINING THE SERIOUSNESS OF THE OFFENSE AND THE POSSIBLE SANCITONS SHOULD HE BE FOUND GUILTY AND OFFERING THE OPTION OF RECEIVING TREATMENT WHILE RETAINING HIS DRIVING PRIVILEGES. IF THE OFFENDER ACCEPTS THE TREATMENT OPTION, HE PARTICIPATES IN A DIAGNOSTIC TEST, AND AN ALCOHOL TREATMENT PROGRAM IS TAILORED TO HIS SPECIFIC NEEDS. IF THE OFFENDER ACCEPTS TREATMENT, HE AND HIS SPOUSE JOIN FOUR OTHER COUPLES IN A GROUP THERAPY SESSION. FOLLOWING COMPLETION OF TESTING THERAPIST RECOMMENDATIONS AND FINDINGS ARE SENT TO THE PROSECUTOR. THE OFFENDER, THE DEFENSE COUNSEL, AND THE ARRESTING OFFICER RECEIVE COPIES OF THE REPORT. A PLEA OF GUILTY IS ENTERED, AND A $100.00 FINE LEVIED, WHICH ARE BOTH SET ASIDE UPON SUCCESSFUL COMPLETION OF A 1-YEAR PROBATIONARY PERIOD. THE ARREST RATE HAS REMAINED FAIRLY STEADY DURING THE PROGRAM'S 3-YEAR OPERATION AND THE RECIDIVISM RATE HAS BEEN ABOUT 3.0 PERCENT. (JAP)