CHANGING LEGAL APPROACH TO PUBLIC INTOXICATION

• NCJ Number: 5935
• Journal: Federal Probation Volume: 31 Issue: 3 Dated: (SEPTEMBER 1967) Pages: 40-44
• Author(s): P B HUTT
• Date Published: 1967
• Length: 5 pages
• Corporate Author: Administrative Office of the United States Courts
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

PUBLIC INTOXICATION IS DISCUSSED AS A PUBLIC HEALTH RATHER THAN A CRIMINAL PROBLEM.

Abstract

RECENTLY, THE RATIONALE THAT PUBLIC DRUNKENESS IS A CRIMINAL OFFENSE HAS BEEN SUBJECTED TO CLOSE SCRUTINY BY BOTH THE COURTS AND THE PUBLIC, AND HAS BEEN FOUND SERIOUSLY DEFICIENT. THE COURTS HAVE HELD THAT AN ALCOHOLIC MAY NOT PROPERLY BE CONVICTED FOR PUBLICLY DISPLAYING SYMPTOMS OF HIS ALCOHOLISM, THUS PRECLUDING CONVICTION OF THE DERELICT ALCOHOLICS WHO TYPICALLY COMPRISE THE VAST MAJORITY OF PERSONS ARRESTED FOR INTOXICATION. MOREOVER, THE PUBLIC IN THE FORM OF TWO CRIME COMMISSIONS HAS GONE FURTHER AND HAS RECOMMENDED THAT PUBLIC INTOXICATION SHOULD BE HANDLED AS A PUBLIC HEALTH PROBLEM, THUS REQUIRING THE IMPOSITION OF REHABILITATIVE MEASURES RATHER THAN CRIMINAL SANCTIONS.