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How Judges View Drunk Driving Laws - A Survey

NCJ Number
102585
Journal
Judges Journal Volume: 24 Issue: 4 Dated: (Fall 1985) Pages: 4-9,54-56
Author(s)
T A Cowan; L P Robbins; J R Meszaros
Date Published
1985
Length
9 pages
Annotation
A survey of random samples of trial judges in Wisconsin, Georgia, Pennsylvania, Colorado, California, and Maryland solicited their views on the current state of drunk-driving (DUI) laws in their States.
Abstract
All six States have enacted tougher DUI penalties within the past few years in response to public pressure, but all of the laws are relatively moderate in their penalties. A total of 1,038 judges received the questionnaire, and 60 percent responded. The judges generally favored increasing penalty severity in DUI laws, but most believed current laws overemphasize retribution and underemphasize rehabilitation and deterrence. Those favoring mandatory sentencing believed it would deter drunk driving, because it would ensure punishment severity. Those opposing mandatory sentencing believed certainty and speed of punishment are central in deterring drunk driving. The judges were more likely to favor mandatory sentences for recidivists than for first offenders. Jail sentences scored a close second to license suspension as the preferred sentence for recidivists. Fines, rehabilitation, educational programs, and license revocation were the preferred sentences for first offenders. The judges favored packages of sentences designed to achieve multiple goals. The judges were not familiar with empirical data on the effectiveness of various dispositions in curbing drunk driving. Recommendations based on survey findings are presented. 5 tables and 1 figure.

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