COMPARATIVE ANALYSIS OF ALCOHOL HIGHWAY SAFETY JUDICIAL STANDARDS AND EXISTING PROFESSIONAL STANDARDS, V 1 TECHNICAL REPORT - FINAL

• NCJ Number: 62544
• Author(s): G J SCRIMGEOUR; J A PALMER; H L EDWARDS; S GOLDSPIEL; A B LOGAN
• Date Published: 1978
• Length: 60 pages
• Contract Number(s): DOT-HS-7-01625
• Sponsoring Agency: US Dept of Transportation National Highway Traffic Safety Admin
• Corporate Author: Indiana University; American Bar Assoc
• Sale Source: National Technical Information Service
• Language: English
• Country: United States of America

Annotation

RECOMMENDATIONS ARE PRESENTED FOR THE DEVELOPMENT OF NEW OR SUPPLEMENTAL STANDARDS FOR THE PROCESSING OF DRINKING-DRIVING CASES THROUGH THE COURTS.

Abstract

THIS REPORT WAS PRODUCED UNDER A CONTRACT WITH THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION THROUGH THE JOINT EFFORTS OF THE FUND FOR PUBLIC EDUCATION OF THE AMERICAN BAR ASSOCIATION (ABA) AND INDIANA UNIVERSITY'S INSTITUTE FOR RESEARCH IN PUBLIC SAFETY. THE CONTRACT WAS INTENDED TO DETERMINE WHETHER EXISTING PROFESSIONAL STANDARDS AND CODES ADEQUATELY AND APPROPRIATELY RESPOND TO THE REALITIES OF DRINKING-DRIVING CASE PROCESSING, AND IF NOT, TO RECOMMEND WHAT MIGHT BE DONE. FROM A TECHNICAL ANALYSIS AND COMPARISON OF EXISTING STANDARDS AND CODES PREPARED BY THE ABA STAFF, IT WAS CONCLUDED THAT EXISTING STANDARDS AND CODES DO NOT DEAL ADEQUATELY AND APPROPRIATELY WITH JUDICIAL PROCESSING OR DRINKING-DRIVING CASES, AND THAT SPECIAL ISSUES WHICH DIFFERENTIATE A DRINKING-DRIVING CASE ARE NOT ADDRESSED ANYWHERE. THUS, THE CONTRACT STUDY TEAM SET FORTH RECOMMENDATIONS. FIRST, NEW OR SUPPLEMENTAL STANDARDS FOR DRINKING-DRIVING CASES SHOULD BE DEVELOPED WHERE EXISTING STANDARDS ARE SILENT, INADEQUATE, INAPPLICABLE, OR CONFLICTING. SECOND, STANDARDS-PRODUCING ORGANIZATIONS SHOULD EXAMINE AND IMPROVE EXISTING STANDARDS AND CODES IN THEIR AREA OF RESPONSIBILITY. THIRD, THERE SHOULD BE A NEW, COMPREHENSIVE SET OF CRIMINAL JUSTICE STANDARDS SPECIFIC TO THE OFFENSE OF DRINKING AND DRIVING. FOURTH, THE ABA SHOULD TAKE THE INITIATIVE IN PROVIDING LEADERSHIP IN PLANNING, CARRYING OUT, AND COMPLETING THE STANDARDS-SETTING PROJECT. FIFTH, THE U.S. DEPARTMENT OF JUSTICE (DOJ) AND U.S. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE (DHEW) SHOULD TAKE PRIMARY RESPONSIBILITY FOR LEADERSHIP IN THIS EFFORT. FINALLY, JOINT DOJ, DHEW, AND DEPARTMENT OF TRANSPORTATION FUNDING SHOULD BE PROVIDED FOR DEVELOPING DRINKING-DRIVING STANDARDS. A LIST OF PARTICIPANTS FROM A RELATED CONFERENCE ON NATIONAL STANDARDS FOR DRINKING-DRIVING CASES HELD IN CHICAGO IN 1978 IS APPENDED, ALONG WITH THE CONFERENCE SCHEDULE, BACKGROUND, AND BRIEFING PAPERS. FOR RELATED DOCUMENT, SEE NCJ 62545. (AUTHOR ABSTRACT MODIFIED--LGR)