NCJ Number
60281
Date Published
1979
Length
8 pages
Annotation
THE VIEW THAT PUBLIC INEBRIATES SHOULD NOT BE SUBJECT TO CRIMINAL PROSECUTION OR IMPRISONMENT IS PRESENTED IN THIS POSITION PAPER FROM THE NATIONAL COALITION FOR JAIL REFORM.
Abstract
A PUBLIC INEBRIATE IS DEFINED AS SOMEONE WHO IS EITHER DRUNK IN PUBLIC OR WHO HAS BEEN DRINKING AND LOOKS OR BEHAVES AS THOUGH DRUNK. PUBLIC DRUNKENNESS ACCOUNTS FOR ABOUT 1-MILLION ARRESTS IN THE U.S. EACH YEAR, AS WELL AS ABOUT 10 PERCENT OF LOCAL JAIL INMATES. ARREST AND INCARCERATION ARE, HOWEVER, INAPPROPRIATE RESPONSES TO PUBLIC DRUNKENNESS, BECAUSE PUBLIC DRUNKENNESS DOES NOT INVOLVE REAL HARM TO OTHERS. MOREOVER, SUCH RESPONSES BOTH DELAY NEEDED MEDICAL TREATMENT AND WORSEN THE PERSON'S MENTAL AND PHYSICAL CONDITIONS. JAILING OF PUBLIC INEBRIATES IS TIME CONSUMING, COSTLY, AND INEFFECTIVE IN DETERRING PUBLIC INTOXICATION. ALTHOUGH 29 STATES HAVE DECRIMINALIZED PUBLIC DRUNKENNESS BETWEEN 1967 AND 1978, PUBLIC INEBRIATES ARE STILL BEING ARRESTED ON SUCH CHARGES AS DISORDERLY CONDUCT, VAGRANCY, OR LOITERING. DRUNKENNESS SHOULD NOT BE HANDLED UNDER ANY OF THESE PETTY CRIMINAL OFFENSE STATUTES, HOWEVER. INCREASING RECOGNITION OF ALCOHOLISM AS A DISEASE HAS PRODUCED CHANGES IN JURISTS' THINKING AS WELL AS A 1971 RECOMMENDATION BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON STATE LAWS OF A UNIFORM LAW DECRIMINALIZING ALCOHOLISM AND PROVIDING TREATMENT. BOTH GOVERNMENTAL AGENCIES AND PROMINENT INDIVIDUALS HAVE ALSO RECOMMENDED DECRIMINALIZATION. SUPPORT FOR A CHANGED APPROACH TO PUBLIC DRUNKENNESS IS THEREFORE WIDESPREAD. AN APPENDIX LISTING STATES WHICH HAVE DECRIMINALIZED PUBLIC DRUNKENNESS AND FOOTNOTES ARE INCLUDED.