SWIFT, CERTAIN, AND FAIR PUNISHMENT: 24/7 SOBRIETY AND HOPE: CREATIVE APPROACHES TO ALCOHOL- AND ILLICIT DRUG-USING OFFENDERS.

Criminologists believe that the certain and swift imposition of a mild punishment has a greater deterrent effect than the remote and indefinite application of a severe punishment. Judges in South Dakota and Hawaii independently put that theory to the test and created innovative strategies to deal wi...

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Bibliographic Details
Published in:Journal of Criminal Law & Criminology Vol. 105; no. 1; pp. 39 - 95
Main Author: LARKIN JR., PAUL J.
Format: Article
Published: Northwestern University Winter2016
Subjects:
Online Access:View this record in EBSCOhost
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      aug:
        au: LARKIN JR., PAUL J.
        affil: Senior Legal Research Fellow, the Heritage Foundation, George Washington University, J.D.
      su:
        United States
        Punishment
        Substance abuse
        Criminologists
        Substance abuse laws
        Alcoholism -- Law & legislation
        Jurisdiction
        Probation -- Law & legislation
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          Punishment
          Substance abuse
          Criminologists
          Substance abuse laws
          United States
          Federal correctional services
          Parole Offices and Probation Offices
          Alcoholism -- Law & legislation
          Jurisdiction
          Probation -- Law & legislation
      ab: Criminologists believe that the certain and swift imposition of a mild punishment has a greater deterrent effect than the remote and indefinite application of a severe punishment. Judges in South Dakota and Hawaii independently put that theory to the test and created innovative strategies to deal with substance abuse and crime. Those programs--the 24/7 Sobriety program in South Dakota and Hawaii's Opportunity Probation with Enforcement--subject probationers to a rigorous alcohol or drug testing regimen backed up by a guaranteed and immediate but modest sentence of confinement for everyone who tests positive. Those programs have proved to be sensible, humane, and effective mechanisms for dealing with substance abuse and crime. A few other states have adopted similar regimens, but most have not. The latter jurisdictions should consider creating their own programs based on the South Dakota and Hawaii models.
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    language: English
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