NCJ Number
105265
Date Published
1986
Length
31 pages
Annotation
This study examines whether the 1984 Public Intoxication Act, which decriminalized public drunkenness in South Australia, has been more or less discriminatory than similar previous legislation, has avoided problems associated with drunkenness decriminalization elsewhere, and has provided welfare and treatment facilities for persons found intoxicated in public.
Abstract
Data pertaining to relevant circumstances before and after the legislation were obtained from statistics supplied by court clerks throughout South Australia. Information was also solicited through interviews with strategic persons. A comparison of apprehensions for drunkenness 6 months before and after decriminalization indicates that the new law increased the rate at which people came into contact with police agencies. Detentions under the act were 46 percent higher than total apprehensions when drunkenness was a criminal offense. The increase particularly affected juveniles, Aboriginals, and persons living outside Adelaide. There was no indication the police 'boycotted' the legislation or that arrests for other minor offenses rose when drunkenness was no longer an available charge. Of the 2,831 detainees under the act between March and August 1985, only 62 percent spent time in a detoxification center or hospital. Ninety-four percent of detainees spent the entire detoxification period in a police cell. Other options proposed by the legislation were rarely used. Policymakers must develop ways to detach the handling of drunkenness from the criminal justice system and channel its management into other community agencies if decriminalization is to have its intended effect. 7 tables, 1 figure, and 13 references.