NCJ Number
67113
Journal
Contemporary Drug Problems Volume: 7 Issue: 3 Dated: (FALL 1978) Pages: 327-366
Date Published
1978
Length
40 pages
Annotation
THE ARTICLE DISCUSSES THE CRIMINALIZATION OF HARMFUL DRINKING AND VIOLATIONS OF ALCOHOL LAWS AS A PREVENTIVE STRATEGY, POINTS OUT SOME LIMITATIONS OF THE LAWS, AND CONSIDERS PENALTIES FROM THE STANDPOINT OF DETERRENCE.
Abstract
THE DETERRENT EFFECTS OF SANCTIONS ON HARMFUL DRINKING AND THE PERTINENCE OF INTERNALIZED MORALITY ARE EXAMINED IN VIEW OF THE DIFFICULTY IN DISTINGUISHING THE DETERRENT EFFECT OF SANCTIONS FROM THE TENDENCY OF SUCH SANCTIONS TO CREATE AND SUPPORT MORALS. FOR THE MOST PART, THE CRIMINALIZATION RELATING TO ALCOHOL DOES NOT APPLY TO DRINKING IN ITSELF BUT RATHER TO VIOLATIONS OF GENERAL ALCOHOL LEGISLATION. THE ILLICIT PRODUCTION OF ALCOHOL (MOONSHINING), AS AN EXAMPLE OF SYSTEM CRIME, IS EXAMINED FROM THREE POINTS OF VIEW: THE SOCIAL AND ECONOMIC CHARACTER OF CRIME; THE LIBERALIZATION OF ALCOHOL LEGISLATION AND ITS EFFECT ON SYSTEM LAW, AND THE PROBLEMS WITH ALLOCATING THE RESOURCES OF CONTROL. RESULTS OF A STUDY ON THE SPREAD OF MOONSHINING IN FINLAND SHOW THAT THE MOST EFFECTIVE PREVENTIVE STRATEGY WAS NOT TO INFLICT PUNISHMENT ON INDIVIDUAL MOONSHINERS BUT TO MAKE ACQUISITION OF DISTILLING EQUIPMENT TROUBLESOME. THIS SUPPORTS THE CONTENTION THAT EDUCATION, TREATMENT, AND DETERRENCE ARE ALL OF SECONDARY IMPORTANCE COMPARED WITH THE CENTRAL TASK OF REDUCING THE GENERAL LEVEL OF CONSUMPTION BY REGULATING THE PRICE AND CONTROLLING THE AVAILABILITY OF ALCOHOLIC BEVERAGES. CRIMINALIZATION AND MORAL CENSURE COULD LEAD TO EXAGGERATION OF THE SIGNIFICANCE OF THE HUMAN FACTOR AND MORAL RESPONSIBILITY AT THE EXPENSE OF STRUCTURAL FACTORS. THE RESULTS OF PAAVO UUSITALO'S COMPARISON OF DRUNKEN DRIVING IN FINLAND AND SWEDEN ARE GIVEN AS FURTHER EXAMPLES OF THE WAY THAT MORAL RESPONSIBILITY AND DETERRENCE CAN NARROW TREATMENT OF THE TOTAL PROBLEM. A TOTAL OF 54 REFERENCES ARE PROVIDED. (MFE)