Proposal for Considering Intoxication at Sentencing Hearings: Part 2

• NCJ Number: 123144
• Journal: Federal Probation Volume: 54 Issue: 1 Dated: (March 1990) Pages: 3-14
• Author(s): C J Felker
• Date Published: 1990
• Length: 12 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: Part 1 of this article appeared in the December 1989 issue of Federal Probation, See NCJ-122274

Annotation

Results of an analysis of policy considerations and a survey of State law support the conclusion that an offender's intoxication at the time of a crime is an important factor for a sentencing judge to consider.

Abstract

Such intoxication should be a mitigating factor to the extent that it impairs the offender's capacity to appreciate the wrongfulness of the conduct. However, it may be an aggravating factor in cases involving offenders who have a significant history of alcoholism linked to criminal activity and who have refused treatment or failed repeatedly in treatment. Nevertheless, in some cases in which intoxication should be considered to be an aggravating circumstance, the sentencing judge should not find it to be an aggravating factor. These cases are those in which State law makes intoxication generally a defense at trial or in which a finding of such a factor would count defendants' criminal records against them twice. A review of statutes and case law in 30 states shows that 6 states have explicitly addressed this issue. Text of proposal for considering the defendant's intoxication, commentary on proposal, tables, and footnotes.