SANCTIONS FOR THE DRINKING DRIVER - AN EXPERIMENTAL STUDY

• NCJ Number: 49814
• Journal: Journal of Legal Studies Volume: 3 Issue: 1 Dated: (JANUARY 1974) Pages: 53-61
• Author(s): H L ROSS; M BLUMENTHAL
• Date Published: 1974
• Length: 9 pages
• Contract Number(s): DOT-HS-249-2-437
• Sponsoring Agency: US Dept of Transportation National Highway Traffic Safety Admin
• Corporate Author: University of Chicago
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: BASED ON STUDY TO U S DEPT OF TRANSPORTATION BY M BLUMENTHAL AND H L ROSS, TWO EXPERIMENTAL STUDIES OF TRAFFIC LAW - THE EFFECT OF LEGAL SANCTIONS ON DUI (DRIVING UNDER THE INFLUENCE) OFFENDERS AND THE EFFECT OF COURT APPEARANCE ON TRAFFIC LAW VIOLATORS, 1973

Annotation

THIS EXPERIMENTAL STUDY INQUIRES INTO THE DIFFERENTIAL EFFECT OF AVAILABLE SANCTIONS FOR DRIVERS FOUND GUILTY OF A FIRST OFFENSE OF DRIVING WHILE UNDER THE INFLUENCE.

Abstract

IN RESPONSE TO THE REQUEST OF THE DENVER (COLO.) COUNTY COURT, AN EXPERIMENTAL STUDY WAS DESIGNED TO MEASURE THE EFFECTS OF THE PRINCIPAL SANCTIONS EMPLOYED ON THE SUBSEQUENT DRIVING RECORDS OF THOSE CONVICTED FOR A FIRST OFFENSE. THE PRINCIPAL SANCTIONS UTILIZED BY THE DENVER COUNTY COURT FOR DEFENDANTS CONVICTED OF DRIVING WHILE INTOXICATED ARE FINES, CONVENTIONAL PROBATION, AND A VARIETY OF COUNSELING, EDUCATIONAL, AND THERAPEUTIC PROGRAMS DEMANDED AS CONDITIONS OF PROBATION. THE EXPERIMENT PROVIDED THAT JUDGES WOULD CONSISTENTLY EMPLOY SPECIFIC SANCTIONS DURING CERTAIN MONTHS OF THE STUDY UNTIL EACH SANCTION HAD BEEN USED FOR A PARTICULAR PERIOD. USE OF THIS METHOD RESULTED IN 166 DEFENDANTS BEING SCHEDULED FOR A FINE, 157 FOR CONVENTIONAL PROBATION, AND 164 FOR THERAPEUTIC PROBATION DURING THE 15 MONTHS OF THE TREATMENT PERIOD. EACH DRIVER IN THE SAMPLE WAS TRACED IN STATE DRIVER LICENSE RECORDS TO OBTAIN HIS OR HER DRIVING HISTORY FOR 2 YEARS PRIOR TO THE CONVICTION AND 1 YEAR SUBSEQUENT. ALTHOUGH THE FINDINGS ARE CONSIDERED TENTATIVE BECAUSE OF THE FAILURE OF COURT JUDGES AND OTHER COURT PERSONNEL TO ADHERE STRICTLY TO THE EXPERIMENTAL DESIGN, IT IS BELIEVED THAT FAIRLY STRONG EVIDENCE WAS OBTAINED TO INDICATE THAT NONE OF THE SANCTIONS EMPLOYED SHOWED A SUPERIOR EFFECT UPON THE REDUCTION OF DANGEROUS DRIVING HABITS. THE PRACTICAL OBSERVATION IS MADE THAT IN THE PRESENT STATE OF KNOWLEDGE THE EXPENDITURE OF FUNDS ON THE MORE COSTLY OF THE SANCTIONS CONSIDERED IS WITHOUT RETURN IN TERMS OF SUBSEQUENT BEHAVIOR ON THE HIGHWAYS. IT IS SUGGESTED THAT, IN THE ABSENCE OF OTHER CONSIDERATIONS, THE COURTS SHOULD RESTRICT THEMSELVES TO FINDING OFFENDERS. (RCB)