NCJ Number
47866
Journal
Michigan Law Review Volume: 74 Issue: 3 Dated: (JANUARY 1976) Pages: 614-643
Date Published
1976
Length
30 pages
Annotation
THE DISPOSITION OF CARRYING CONCEALED WEAPONS (CCW) CASES IS CONSIDERED, THE ADEQUACY OF ENFORCEMENT SCHEMES ARE EXAMINED IN LIGHT OF DETERRENCE THEORIES, AND AN IMPROVED SENTENCING SCHEME IS RECOMMENDED.
Abstract
THE DATA FOR THE STUDY WERE GATHERED DURING THE SUMMER OF 1974 BY EXAMINING CCW CASES INITIATED IN DETROIT IN 1973. BECAUSE ALL CCW CASES ARE BEGUN BY A PROSECUTION REQUEST FOR AN ARREST WARRANT, IT WAS POSSIBLE TO AMASS A COMPLETE LIST OF ALL CCW CASES FROM THE DAILY REPORTS OF THE WARRANTS DIVISION. EVERY FOURTH CASE WAS SELECTED UNTIL A SAMPLE SIZE OF 475 CASES WAS ACHIEVED, 11 OF WHICH WERE DROPPED BECAUSE THE FILES COULD NOT BE LOCATED. THE DISPOSITIONAL STATISTICS EXAMINED INDICATED THAT CRIMINAL JUSTICE ADMINISTRATORS IN DETROIT TREATED CCW AS A LOW-PRIORITY OFFENSE. IT IS NOTED THAT THE ENFORCEMENT OF THE CCW STATUTE HAS NOT DECREASED THE INCIDENCE OF FIREARM-RELATED FELONIES IN DETROIT. IN CONSIDERING WHETHER OR NOT THE PLAUSIBLE JUSTIFICATIONS FOR LAX ENFORCEMENT OF THE CCW STATUTE OUTWEIGH THE SOCIETAL COSTS INHERENT IN ALLOWING INDIVIDUALS TO CARRY CONCEALED WEAPONS, IT IS CONCLUDED THAT A SIGNIFICANT DANGER IS INHERENT IN ALLOWING EVEN THOSE INDIVIDUALS. IT IS ARGUED THAT, AS MORE PERSONS CARRY WEAPONS, A FIREARM CULTURE DEVELOPS IN WHICH FRUSTRATIONS ARE RELIEVED, PROBLEMS CONFRONTED, AND CRIMES COMMITTED BY AN IMMEDIATE RESORT TO GUNS. REGARDING THE DETERRENCE EFFECT OF A CCW STATUTE, IT IS CONCLUDED THAT A THREATENED SANCTION IS ADEQUATE AND CREDIBLE ONLY IF THE POTENTIAL OFFENDER IS RESPONSIVE TO THE THREAT. IT IS LIKELY THAT THE POTENTIAL OFFENDER'S PERCEPTION OF THE SANCTIONS FOR AN OFFENSE WILL SUFFICIENTLY OUTWEIGH THE ADVANTAGES ONLY IF THE SANCTIONS ARE SUFFICIENTLY HIGH AND EFFECTIVELY ENFORCED. FINES AND PROBATION, WHILE POSSIBLY POSING SIGNIFICANT THREATS TO SOME, ARE DEEMED LESS EFFECTIVE THAN THE IMPOSITION OF A MANDATORY, MINIMUM 5-DAY JAIL SENTENCE FOR ALL PERSONS CONVICTED OF CCW OR ATTEMPTED CCW. A CAMPAIGN IS RECOMMENDED TO EDUCATE THE PUBLIC ABOUT THE ACTUAL AND POTENTIAL COSTS OF FIREARM OWNERSHIP. TABULAR DATA ARE PROVIDED. (RCB)