ROAD TRAFFIC OFFENDERS - SOME PROBLEMS POSED FOR PENAL POLICY (FROM PENAL AND PENITENTIARY ASPECTS OF ROAD TRAFFIC, 1977 - SEE NCJ-65847)

• NCJ Number: 65851
• Author(s): R HOOD
• Date Published: 1977
• Length: 19 pages
• Corporate Author: International Penal and Penitentiary Foundation
• Publication Format: Document
• Language: English
• Country: Netherlands
• Note: NCJ-65851 AVAILABLE ON MICROFICHE (NCJ-65847) FROM NCJRS

Annotation

A PENAL PHILOSOPHY GUIDING AND GOVERNING THE APPLICATION OF SANCTIONS IN MOTORING OFFENSES CANNOT BE DEVELOPED UNTIL THE GENERAL PUBLIC AND CRIMINAL JUSTICE OFFICIALS RECOGNIZE TRAFFIC OFFENSES AS CRIMES.

Abstract

IN MOST JURISDICTIONS A VERY LIMITED RANGE OF SENTENCING ALTERNATIVES IS EMPLOYED FOR TRAFFIC OFFENDERS. THE RELATIONSHIP BETWEEN THE CHARACTERISTICS OF THE OFFENDER AND THE CHOICE OF A RELEVANT SENTENCE HARDLY EXISTS. MOREOVER, IT IS DIFFICULT TO BALANCE DRIVERS' MENS REA WITH THE PUBLIC PERCEPTION OF THE SERIOUSNESS OF TRAFFIC OFFENSE. IF A POLICY IS TO BE DEVELOPED, DRIVER SAMPLES MUST TAKE INTO ACCOUNT THE ENTIRE RANGE OF TRAFFIC OFFENDERS. POLICYMAKERS MUST BEWARE OF MAKING THE LOGICAL LEAP FROM THE FACT THAT THE RELATIVELY HIGH PROPORTION OF THE MORE SERIOUS RECORDED OFFENSES ARE COMMITTED BY PEOPLE WITH PREVIOUS RECORDS OF CRIME AND PERSONALITY DEFECTS, TO THE VIEW THAT THESE ARE 'CAUSATIVE FACTORS' IN THE COMMISSION OF THE OFFENSES AND RELEVANT TO THE CHOICE OF PENALTY. IF COURTS ARE TO EVALUATE THE SERIOUSNESS OF ILLEGAL TRAFFIC OFFENSES, THEY MUST BE READY TO SHOW THAT TRAFFIC OFFENDERS' BEHAVIOR IN RELATION TO USING MOTOR VEHICLES HAS THE ESSENTIAL INGREDIENTS OF CRIMINALITY (IF THEY ARE GOING TO ASSERT THAT THE OFFENDER IS OF THE CRIMINAL SECTOR OF SOCIETY). MOREOVER, THE FACT THAT KNOWN MOTORING OFFENDERS OF CERTAIN TYPES HAVE A SIGNIFICANTLY HIGHER INCIDENCE OF PREVIOUS RECORD DOES NOT HELP IN PREDICTING HIGHER INCIDENCE OF PREVIOUS CRIME RECORDS. PENAL MEASURES MUST BE DEVELOPED THAT FIT THE PARTICULAR DRIVING OFFENSE AND THE INDIVIDUAL; FOR CERTAIN PERSISTENT SERIOUS MOTORING OFFENDERS, THE DETERRENT EFFECTS OF DRIVING DISQUALIFICATION MAY NOT BE STRONG ENOUGH. DRINKING DRIVERS MUST BE RECOGNIZED FOR THEIR SERIOUSNESS, AND BEFORE DRIVING RIGHTS ARE GRANTED TO A DRINKING DRIVER OFFENDER, THIS OFFENDER SHOULD SHOW PROOF OF IMPROVED DRINKING HABITS. OVERALL, POLICYMAKERS MUST DECIDE HOW TO USE THE CRIMINAL LAW TO ITS MAXIMUM ADVANTAGE TO COMMUNICATE TO CITIZENS AND OFFENDERS THAT FAULT WHEN ON THE ROAD CANNOT BE DISMISSED AS MERE MISFORTUNE, BUT RATHER APPROACHES OR SURPASSES ANY OTHER CRIME. FOOTNOTES ARE SUPPLIED. FOR RELATED ARTICLES, SEE NCJ 65847. (MHP)