Persuasive essay on how DUI (drinking under the influence) laws in America are too lenient and how the country would be better off if they were toughened up.
Abstract This essay starts off with a story of a fatal DUI accident in Salt Lake City. It then goes on to state many statistics on alcohol-related crashes and the number of recurring DUI offenders. It cites the negative effects of alcohol when it comes to driving and how the United States is significantly behind others when it comes to enforcing and creating harsher DUI laws. Furthermore, it gives many examples of counter-arguments and why some people are opposed to stricter laws.
From the Paper "For example, the legal BAC in Sweden is .02, compared with our legal limit of .08. Even in Japan, which also has a stricter BAC of .03, citizens can be, and often are, arrested for driving with as little as a few sips of alcohol in their system. Slovakia and the Czech Republic even surpass the strictness of Sweden or Japan--they have a zero tolerance limit for driving under the influence. There, absolutely no alcohol is allowed in a driver's system--none. Penalties all over the world are also far more severe than those we have in the United States."
Abstract This paper discusses how cases of driving under the influence (DUI) have been regarded by American society and how the severity of the offense has changed over the last thirty years. The paper looks at some of the reasons why a person who is charged with DUI may be falsely accused and how these false accusations can impact that person's life.
From the Paper "As Taylor points out, an "average" person hitting the mid-range in all statistical respects is an impossibility and doesn't exist. Women in the world outnumber men, the Chinese outnumber all other nationalities, and certainly there are more people who are deceased then alive. One could argue that the mythical "average" person is female, Chinese and dead. The concept of "average" is simply too vague when .01% means the difference between being found innocent or guilty. Yes, drunk driving is awful, and yes, penalties need to be severe. But before having a glass of wine at a nice restaurant turns into something which can ruin your life, strict scientific guidelines need to be established which define the boundaries of impairment."
Abstract This paper concerns the alarming trend of DUI's, drugs and alcohol in Virginia and the Shenandoah Valley. It examines statistics put out by movements such as Mothers Against Drunk Driving (MADD), CLEAN Inc, the government funded ASAP, Drug Offender Program and others. It also discusses how alcohol and other drugs impair driving skills, and the penalites for being caught with each.
From the Paper "My best friend was recently charged and convicted of a DUI after he fell asleep at the wheel and totaled his new Isuzu Rodeo, so this paper has a personal impact on me. One of the most alarming statistics I came across is that according to the Shenandoah Valley Sex Offenders Treatment Program, about 55% of sex offenders are under the influence at the time of their offense. Alcohol, however, is a major problem in and of itself, and drunk-driving is perhaps the most serious problem."
This paper discusses whether recidivism for driving under the influence (DUI) offenders who are electronically monitored is lower than for those that are not electronically monitored.
Abstract In this article, the writer notes that race is not the only issue that is involved in the sentencing disparity of DUI offenders, however, it is one of the larger ones. This study explores all of the issues that are involved in disparity in sentencing, and does not concern itself solely with race. However, since race appears to be one of the largest factors, its importance in the study and the literature review is evident. The writer concludes that while there are no real solutions, one of the best ideas would be to have more law enforcement agencies use monitoring, even though many refuse to do so. The writer then suggests limiting the number of people on electronic monitoring and choosing which ones to monitor carefully, so that the offenders being monitored are those with the highest chance of rehabilitation.
Outline:
Abstract
Introduction
Statement of the Problem and Hypotheses
Purpose of the Study
Importance of the Study
Scope of the Study
Rationale of the Study
Literature Review
Research Method
Conclusion
From the Paper "Literature on this subject, which will be reviewed in Chapter Two, appears to indicate that some disparity may exist, and this is worrying for minority individuals, due to the fact that they are aware that, if they are arrested for DUI crimes, they will be likely to be punished more severely than those that are of the Caucasian race. The review of the literature will provide insight into this issue, and will likely shed light on whether this is an accurate assumption and whether there is anything that can be done to correct sentencing disparities if they do exist in the court system."
"Electronic monitoring of these individuals is often thought to play a role in recidivism rates, and that issue will be explored within the context of sentencing guidelines and other related issues. Unfortunately, there is little literature specifically dealing with sentencing disparity based on DUI crimes. This is unfortunate, but clearly shows the need for more studies. It is unfortunate for the understanding of DUI crimes sentencing disparity when it comes to race and other factors that there is not more literature on the specific subject."
Abstract This study looks at the problem of disparity in sentencing guidelines when it comes to DUI vehicular homicide. The study examines this disparity, as well as the sentencing disparity that exists with other types of crime. The paper contends that, while race is a significant reason for the disparity, it is not the only reason. A look at the various causes for sentencing disparity and how the injustice might be corrected is also the subject of this study.
Statement of Problem and Hypotheses
Purpose of the Study
Importance of the Study
Scope of the Study
Rationale of the Study
Introduction to the Literature Review
History of Sentencing
Types of Sentencing
Sentencing Guidelines for DUI Homicides
Factors that Influence a Judges Decision
A History of DUI Laws/Legislation
From the Paper "This has become a serious problem for many minority individuals, since many who have been sentenced are insisting that the guidelines under which they have been sentenced are unfair. Literature on this subject, which will be reviewed in Chapter Two, appears to indicate that some disparity may exist, and this is worrying for minority individuals, due to the fact that they are aware that, if they are arrested for DUI vehicular homicide, they will likely be punished more severely than those that are of the Caucasian race."
Abstract This paper examines and analyzes issues involving recidivism and driving while under the influence of alcohol offenders in terms of the effects of chronic DUI offenders, the types of therapeutic programs used, and their effectiveness. The focus is upon DUI recidivism in the city of Chicago, but the national impact is covered as well.
Abstract This paper discusses the laws surrounding drinking under the influence (DUI) and whether they are effective. The paper discusses the laws in the United States (and how they vary between the different states) and describes how the laws and the consequences of breaking the laws, have helped to reduce the incidence and severity of DUI.
From the Paper "No matter what may be the problem that may have caused the driver to consume alcohol, the DUI law, as in the 'Alcohol impaired driver act' would bring the offender to the court, in order to enforce a certain level of discipline and restrain him from committing any such similar offences in the future. (Science and Transportation; Subcommittee for Consumers United States; Congress; Senate; Committee on Commerce, 30) Reed states, "...it is doubtful if severe penalties would be applied often, even if they are authorized by law", but at the same time, one must remember that most states have started to realize the gravity of the problem of drunken driving, and have therefore started to take things into their hands, so as to bring in improvements and changes wherever applicable. (Berstein; Olson, 39) There is a noticeable reluctance on the part of the law enforcement department to impose strong punishments onto offenders. Maybe one of the primary reasons for this phenomenon is the latent confusion over the exact nature of the offence being committed. (Berstein; Olson, 39)"
Abstract This paper takes a comprehensive look at alcoholism, starting with the telltale signs of a problem drinker, the physical and mental effects of alcohol, alcohol's effects on society, the causes of alcoholism, as well as treatment and prevention.
From the Paper "When a person is intoxicated, he tends to do things he would not do under normal circumstances. He may harm himself or those around him, drive recklessly, and embarrass himself by saying and/or doing foolish things. There are signs that distinguish the differences between problem drinking and alcoholism, and although there is no exact pattern, some of the basic symptoms of advanced alcoholism are: drinking daily, a high tolerance for liquor, drinking alone, drinking in the morning, withdrawal symptoms upon quitting, "blackouts" or loss of memory, loss of social ties, and guilt about drinking. The person becomes completely dependent on alcohol, physically and emotionally, and the substance controls every aspect of his life (Berger 11). Some secondary signs, or problem drinker signs include: problems related to or while drinking such as quarreling with a loved one or DUI, a failed attempt at quitting, hording extra drinks at a party or keeping an eye on the supply, and lying about usage."
From the Paper "PROBLEM STATEMENT AND HYPOTHESIS
Increased societal emphasis on the problems associated with drunken driving behaviors has resulted in the creation of many new programs. Some of these programs are enhanced law enforcement programs (increased enforcement and more severe penalties), while others emphasize treatment (the correction of individual problems). What continues to be unknown with a high degree of certainty is whether any of these policy approaches is dealing effectively with the real causes of drunk driving, or even whether these various policy approaches are effectively reducing the incidence of drunk driving behavior (Evans, 1996, p. 104).
Worldwide, approximately 50.0 percent of all fatal automobile accidents are due to the influence of alcohol consumption by.."
Abstract This paper describes the events surrounding the 1988 Carrolton, Kentucky bus crash where 27 died. The event remains one of the worst accidents involving a bus and a driver under the influence and is important for organizations such as MADD and SADD to push for harsher laws against DUI offenders. The paper shows that major legislation came from this accident and buses have been made safer for students involved in an accident. The paper looks at the bad choices made by people who get behind a wheel while intoxicated.
From the Paper "Although this accident was a horrendous tragedy, to its credit, the collision is responsible for sweeping changes in many rules, regulations, and design changes in the manufacture of school buses. The thoroughness of the accident investigation and the examination led to many changes in bus technology, for both safety and survivability of its occupants. The requirements for Kentucky school buses are more stringent than in any other state or federal mandate."
Abstract Two legal briefs are presented for two different cases in this paper. One is a case of someone contesting a suspended driver's license for DUI, and the other is a defendant contesting a charge of escaping from custody after he fled a courtroom during sentencing.
From the Paper "Police pulled over Hyle because he was observed crossing the double yellow lines and running a red light. Hyle admitted having a couple of drinks. Hyle was given a number of field ..."
Abstract This paper reflects the author's personal experience of being hit by a drunk driver. According to the paper, no mercy needs to be shown to drunk drivers; the maximum allowable blood alcohol content (BAC) should only be 0.05%, and there should be a zero tolerance program for young men and teenage boy drivers caught driving while intoxicated.
From the Paper "My truck wasn't drivable but the door worked. I got out and could hear the glass pop off my clothes and make weird sounds like Rick Krispies popping in a cereal bowl, and when I got to the Mercedes I could see these two guys, drenched in gin, beer, and glass. They were laughing. From ten feet away you could smell the alcohol. When I asked them if they were alright, they gave some quick answer and tried to get the car to move. It wouldn't. I asked them for their insurance and they rattled off some expletives and told me to go to hell and asked if I knew who their father was. However he was, he was going to be very angry when he saw that brown Mercedes, it was totaled."
