NCJ Number
65849
Date Published
1977
Length
17 pages
Annotation
THIS REPORT SUGGESTS HOW PENAL AND PENITENTIARY ACTION AS STILL EXERCISED IN WESTERN EUROPE MAY BE RENOVATED AS FAR AS THE REPRESSION OF TRAFFIC OFFENSES IS CONCERNED.
Abstract
THE 'READ COMMUNITY' HAS A FUNDAMENTAL NEED OF SAFETY. IN MANY COUNTRIES, HOWEVER, THE PENAL SYSTEM HAS FAILED, PLAGUED BY THE GENERAL INDIFFERENCE OF PUBLIC OPINION WITH REGARD TO TRAFFIC OFFENDERS; TRAFFIC ACCIDENTS SEEM TO GIVE PEOPLE AN IMPRESSION OF FATALITY OR BAD LUCK. PENALTIES SHOULD BE AIMED AT MAKING CONVICTED PERSONS AWARE OF THEIR RESPONSIBILITIES AS MEMBERS OF THE ROAD COLLECTIVITY AND AT INDUCING THEM TO CHANGE THEIR BEHAVIOR AS BOUND TO BELONGING TO THAT COLLECTIVITY. THUS, THE BASIC CONCEPTION OF THE PENAL SYSTEM APPLICABLE TO TRAFFIC OFFENDERS SHOULD BE RECONSIDERED. CURRENT PENAL INFLATION HAS LED TO THE CREATION OF ACTUAL IMPUNITY, AND DEVALUATION IN THE EYES OF THE PUBLIC OF THE IMPACT OF IMPRESSIVE ACTION. TWO WAYS OF STOPPING PENAL INFLATION WOULD BE DECRIMINALIZATION AND DEPENALIZATION (RESPECTIVELY--ELIMINATION OF ALL PROCEDURES AND SANCTIONS, AND THE SUBSTITUTION FOR A SANCTION OR PROCEDURE OF A PENAL CHARACTER WITH ANOTHER PROCEDURE OR SANCTION OF A DIFFERENT CHARACTER). NEW SANCTIONS APPLICABLE TO TRAFFIC OFFENDERS ARE BEING DEVELOPED, SOME OF WHICH RETAIN TRADITIONAL FEATURES. THESE INCLUDE THE DEPRIVATION OF THE RIGHT TO DRIVE, PECUNIARY SANCTIONS, VICTIM COMPENSATION, CONFISCATION OF THE VEHICLE, AND SERVICES FOR THE BENEFIT OF THE COMMUNITY. WHATEVER THE SANCTION, EMPHASIS MUST BE PLACED ON THE POSITIVE CHARACTER OF THE DECISION THAT IS MADE WITH REGARD TO PENALTY; I.E., OFFENDERS MUST UNDERSTAND THAT THEIR BEHAVIOR MUST CHANGE FOR THE BENEFIT OF THE ROAD-USING COLLECTIVITY. FURTHERMORE, THE SANCTIONS MUST NOT BE MUTUALLY EXCLUSIVE, BUT SHOULD BE APPLICABLE SEPARATELY OR IN CONJUNCTION WITH EACH OTHER. NO REFERENCES ARE SUPPLIED. FOR RELATED ARTICLES, SEE NCJ 65847. (MHP)