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GENERAL PROBLEMS OF ROAD TRAFFIC - FINDINGS OF TRAFFIC CRIMINALITY (FROM PENAL AND PENITENTIARY ASPECTS OF ROAD TRAFFIC, 1977 - SEE NCJ-65847)

NCJ Number
65850
Author(s)
W MIDDENDORFF
Date Published
1977
Length
18 pages
Annotation
A TRAFFIC CRIMINOLOGY MUST BE DEVELOPED WHICH DEFINES A TRAFFIC OFFENDER PERSONALITY AND WHICH APPLIES CRIMINOLOGICAL KNOWLEDGE TO THE ESTABLISHMENT OF PENALTIES; SUCH KNOWLEDGE MUST BE SHARED INTERNATIONALLY.
Abstract
ALTHOUGH A PSYCHOLOGICAL CONNECTION BETWEEN A PERSONALITY TYPE AND THE FREQUENCY OF ACCIDENTS HAS NOT YET BEEN PROVEN, A DEFINITE CORRELATION HAS OFTEN BEEN OBSERVED BETWEEN ACCIDENT-PRONENESS AND THE COMMISSION OF TRAFFIC OR OTHER CRIMES. DRIVERS' SOCIAL EXPERIENCES ARE ESPECIALLY IMPORTANT BECAUSE THEY ARE ACTING IN VERY OPEN AND UNSTRUCTURED SITUATIONS, IN WHICH THEY CAN GENERALLY AVOID FACE-TO-FACE CONTACT WITH OTHER DRIVERS AND RETAIN THEIR ANONYMITY EVEN IF THEIR BEHAVIOR IS ANTISOCIAL. MOTORING OFFENSES MAY BE SEEN AS ROLE-EXPRESSIVE, NOT ONLY FOR THOSE WHO HAVE BEEN LABELED DEVIANT BY SOCIETY BUT ALSO FOR THOSE WHO HAVE PROBLEMS IN THE WIDEST SENSE. ESPECIALLY WITH YOUNG PEOPLE, PART OF THE AGGRESSIVENESS THAT USED TO LEAD TO BRAWLS NOW FINDS EXPRESSION IN TRAFFIC OFFENSES SUCH AS SPEEDING AND DANGEROUS PASSING. FURTHERMORE, TRAFFIC OFFENSES ARE CHARACTERIZED BY ALCOHOLISM AND SUICIDAL TENDENCIES. PENAL MEASURES TO DETER OR PUNISH TRAFFIC-RELATED OFFENSES HAVE GENERALLY BEEN TOO WEAK. EXPERIENCE HAS SHOWN THAT THE OVERALL EFFECTIVENESS OF CRIMINAL JUSTICE DEPENDS ON WORKABLE LEGISLATION, QUICK AND CERTAIN ENFORCEMENT, AND MODERATE AND UNIFORM SENTENCING. THESE THREE FACTORS ARE INTERDEPENDENT, AND LEGISLATORS, POLICE, AND THE JUDICIARY MUST ENSURE THAT THERE IS A BALANCED RELATION AMONG THEM. MOREOVER, WHILE IMPRISONMENT MAY BE MAINTAINED AS A THREAT IN THE BACKGROUND, OTHER MORE EFFECTIVE MEASURES SHOULD BE SOUGHT, SUCH AS PROBATION, FINES, DISQUALIFICATION FROM DRIVING, AND EDUCATIONAL MEASURES. COURTS MUST TAKE SPECIAL CARE TO COMBINE THESE MEASURES SUITABLE TO FIT THE PARTICULAR CASE. EXAMPLES ARE DRAWN FROM MANY COUNTRIES, AND FOOTNOTES ARE PROVIDED. FOR RELATED ARTICLES, SEE NCJ 65847. (MHP)