NCJ Number
45981
Journal
Law and Society Review Volume: 10 Issue: 3 Dated: (SPRING 1976) Pages: 403-413
Date Published
1976
Length
11 pages
Annotation
TO INDIRECTLY TEST THE HYPOTHESIS THAT SHARP INCREASE IN FORMAL PENALTIES TEND TO BE SUBVERTED BY CONTRARY ADJUSTMENTS IN THE BEHAVIOR OF THOSE WHO APPLY THE LAW, FOUR TRAFFIC LAW STUDIES ARE REVIEWED.
Abstract
IN 1955, THE GOVERNOR OF CONNECTICUT INTRODUCED A PENALTY OF A 30-DAY LICENSE SUSPENSION FOR FIRST SPEEDING OFFENSES; A PENALTY THAT WAS CONSIDERED UNUSUALLY STRINGENT BY ALL CONCERNED. AN ANALYSIS OF RELEVANT DATA FAILED TO SHOW THAT THIS PENALTY RESULTED IN INCREASED HIGHWAY SAFETY. FURTHERMORE, THE NUMBER OF ARRESTS FOR SPEEDING AND THE NUMBER OF ACCUSED SPEEDERS FOUND GUILTY FELL SPECTACULARLY, WHILE THERE WAS A SIMULTANEOUS INCREASE IN OFFENSES SUCH AS CARELESS DRIVING WHICH DID NOT CARRY THE MANDATORY SUSPENSION AND AN INCREASE IN THE NUMBER OF VIOLATORS OF LICENSE SUSPENSION ORDERS. THE PRESCRIPTION OF A MANDATORY 7-DAY JAIL SENTENCE FOR DRUNK DRIVERS IN CHICAGO ALSO FAILED TO RESULT IN REDUCED TRAFFIC FATALITIES; ALTHOUGH THE THREAT WAS MADE IN UNIVERSAL TERMS IT WAS ACTUALLY ENFORCED IN ONLY 557 CASES OVER A 6-MONTH PERIOD DESPITE THE FACT THAT DRUNK DRIVING ARRESTS AVERAGED OVER 1,100 PER MONTH DURING THIS PERIOD. A SMALL INCREASE IN NOT GUILTY DECISIONS WAS ALSO FOUND. IN A DENVER, COLORADO, STUDY OF PRESCRIBED TREATMENT OF DRINKING-AND-DRIVING OFFENDERS, JUDGES WERE TO ALTERNATE PENALTIES (FINE, PROBATION, AND CLINICAL/EDUCATIONAL PROGRAM) DURING ARBITRARY TIME PERIODS. ALTHOUGH THE JUDGES HAD PROMISED ADHERENCE TO THE EXPERIMENTAL DESIGN, THEY COMPROMISED BY SUBSTITUTING THE PREFERRED FINE FOR THE ALTERNATIVE PENALTIES IN A LARGE PROPORTION OF CASES. A FINNISH STATUTE GREATLY INCREASED THE MAXIMUM PRISON SENTENCES FOR DRUNK DRIVING OFFENSES RESULTING IN PRSONAL INJURY OR DEATH. WHILE THIS STATUTE FAILED TO RESULT IN A DECREASE OF ACCIDENT OR FATALITY RATES, A DECREASE WAS FOUND IN THE NUMBER OF LONG SENTENCES METED OUT BY THE FINNISH COURTS IN CASES OF DRINKING AND DRIVING, AND PROSECUTIONS FOR DRINKING AND DRIVING DECLINED. A NUMBER OF OTHER STUDIES HAVE REACHED SIMILAR FINDINGS. THE EVIDENCE FROM THESE FOUR STUDIES SUGGEST THAT WHERE THE DISCRETION OF THE ACTORS (POLICE, PROSECUTORS, JUDGES, AND DEFENDANTS) IS RELATIVELY BROAD THERE OCCURS A MITIGATION OR EVEN AN ANNULMENT OF THE SEVERITY OF THE PENALTY. MECHANISMS PRODUCING THIS EFFECT MAY INCLUDE THE PRESERVATION OF NORMS OF FAIRNESS, A RESPONSE TO EXPECTATIONS, AND A MEDIATION OF PRESSURES UPON THEM FROM OTHER PARTICIPANTS IN THE SYSTEM. IT IS SUGGESTED THAT THIS SAME HOMEOSTATIC PRINCIPLE MAY ALSO APPLY TO DECRIMINALIZATION OF SOME ACTIVITIES. IT IS CONCLUDED THAT IF THE ACTUAL LEVELS OF PUNISHMENT ARE TO RISE AS INTENDED, THEN IT MAY BE NECESSARY FOR THE LAWMAKER TO ALSO LIMIT THE DISCRETIONARY POWERS OF THE LEGAL ACTORS. REFERENCES AND GRAPHIC MATERIALS ARE INCLUDED. (JAP)