NCJ Number
98642
Date Published
1985
Length
48 pages
Annotation
To examine attitudes toward driving under the influence (DUI) laws and their enforcement, a 6-page questionnaire was mailed to 1,038 trial judges in Wisconsin, Georgia, Pennsylvania, Colorado, Maryland, and California.
Abstract
The response rate was 60 percent. Analyses of responses indicate that judges generally favored stronger DUI laws and increased severity of penalties. Most of the judges felt that current laws overemphasize the objective of retribution and underemphasize the objectives of rehabilitation and deterrence. Judges who most favored mandatory sentencing were more likely to believe that such sentencing would have deterrent effects and that deterrence was most affected by severity of punishment. Those judges least in favor of mandatory sentencing felt that certainty of punishment had greater deterrent value than severity or speed of disposition. However, the judges also felt that mandatory sentencing would decrease the probability of offenders being sentenced. All of the judges were more likely to favor mandatory sentences for repeat offenders than for first offenders. License suspension was the preferred disposition for repeat offenders. Fines, rehabilitative and educational programs, and license revocation were the preferred dispositions for first offenders. In general, judges viewed the law as adequate but far from optimal. Also, judges preferred multiple dispositions to single sentences. Finally, many judges expressed concern over the actual effectiveness of various dispositional alternatives. Eight footnotes, graphs, and detailed tabular data on judges', responses are provided.