NCJ Number
51810
Journal
CRIME ET/AND JUSTICE Volume: 5 Issue: 2 Dated: (1977) Pages: 139-142
Date Published
1977
Length
4 pages
Annotation
THE JURIDICAL DISTINCTION BETWEEN CRIMINAL AND NONCRIMINAL OR ADMINISTRATIVE SANCTIONS IS DISCUSSED AS IT RELATES TO TRAFFIC VIOLATIONS AND ROAD SAFETY.
Abstract
CRIMINAL OFFENSES ARE CATEGORIZED AS COMMON LAW OFFENSES (MURDER, RAPE, THEFT, AND ROBBERY), STATUTORY OFFENSES (REFUSAL TO PAY TAXES), AND TRAFFIC OFFENSES. TRAFFIC OFFENSES ARE SUCH THAT THE INFRINGEMENT OF A PROTECTED INTEREST IS NEITHER AN INHERENT ATTRIBUTE OF THE OFFENSES NOR A RELATIVELY CERTAIN CONSEQUENCE OF A CONTRAVENTION OF THE LETTER OF THE LAW. THE QUESTION IS RAISED WHETHER IT IS EXPEDIENT AND EFFECTIVE TO IMPOSE CRIMINAL SANCTIONS FOR TRAFFIC OFFENSES. PUNISHMENT IN THE JURIDICAL SENSE OF THE WORD CAN ONLY BE IMPOSED BY A COURT THAT HAS CRIMINAL JURISDICTION AND CRIMINAL CONVICTIONS ARE IMPOSED ONLY IN ACCORDANCE WITH CRIMINAL PROCEDURES. THE CRIMINAL SANCTION IS INEXTRICABLY INTERWOVEN WITH CRIMINAL PROCEDURE AND THE LAW OF EVIDENCE. THIS SANCTION IS NOT PROPERLY APPLIED WHEN PUNISHMENT IS NOT COMMENSURATE WITH THE GRAVITY OF AN OFFENSE, THE PRESENCE AND DEGREE OF FAULT, AND THE PUBLIC DISAPPROBATION OF A PARTICULAR ACT. RETRIBUTION IS AN INHERENT AND INDISPENSIBLE QUALITY OF THE CRIMINAL SANCTION. ALL SANCTIONS, BOTH CRIMINAL AND NONCRIMINAL, GENERALLY HAVE ONE OR MORE OF THE FOLLOWING AIMS: PREVENTION, DETERRENCE, REFORMATION OR REHABILITATION, AND RETRIBUTION. REASONS FOR THE INEFFECTIVENESS OF THE CRIMINAL SANCTION IN THE FIELD OF ROAD SAFETY ARE EXAMINED, AND THE ADVANTAGES OF NONCRIMINAL SANCTIONS FOR TRAFFIC-RELATED OFFENSES ARE ENUMERATED. (DEP)