Alcohol and Criminal Responsibility

Perr, Irwin N.

doi:10.1520/jfs10579j

Journal of Forensic Sciences

1976

DOI: 10.1520/jfs10579j

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Alcohol and Criminal Responsibility

Irwin N. Perr

Abstract: The tradition of the law has long frowned on criminal behavior performed in association with alcohol intake; courts have been most hesitant to provide any exculpation for drug and alcohol intake. The hostility of courts to a defense of intoxication is shown in State v. Noel [1].

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Cited by 4 publications

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“…Finally, police officers' skills for detecting alcohol are likely to vary. Police may also hestitate to report that suspects (or victims) are intoxicated because it might weaken their case 46–48 . Given these problems, it is not surprising that the prevalence rates of alcohol intoxication derived from police reports vary widely: from 24% to 82% of assault suspects and from 25% to 75% of assault victims 14–16,49–51 …”

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Alcohol Intoxication and Violent Crime: Implications for Public Health Policy

McClelland

Teplin

2001

American J Addict

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Despite extensive public health campaigns, the consequences of alcohol intoxication continue to be a serious public health concern. Alcohol intoxication, for example, is a prevalent feature of crime, especially violent crime. Previous studies of alcohol intoxication and violent crime have used samples of police reports, correctional populations (arrestees, jail detainees, or convicted offenders), or community surveys. Studies using police reports and correctional populations are biased because few police-citizen encounters result in police reports or arrest. Community surveys avoid these biases but rely on the subject's assessment of both the victims' and the suspects' intoxication. We took a different approach and directly observed 2,365 police-citizen encounters. Observers used the Alcohol Symptom Checklist to determine the level of alcohol intoxication or impairment. We compared the prevalence of suspects' and victims' alcohol intoxication (equivalent to a blood alcohol level [BAL] of .05 or above) by type of encounter and computed odds ratios to assess the association between intoxication and type of encounter. We also controlled for demographic characteristics (race, gender, age, and socio-economic status) to assess the relationships among perpetration, victimization, and intoxication. Overall, suspects are far more likely than victims to be intoxicated; not surprisingly, suspects in public order/vandalism encounters are the most likely to be intoxicated. Alcohol intoxication appears to contribute substantially to violent victimization. The role of alcohol intoxication is largest among groups that, if not intoxicated, are generally less vulnerable to violence: whites, males, and persons of higher socio-economic status. We discuss the implications of these findings for services and public health policy.

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“…Moreover, correctional samples are quite biased. Few arrestees go to jail; fewer still are convicted and imprisoned 46,54 . Charges are often plea‐bargained to a lesser offense 55 .…”

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confidence: 99%

Alcohol Intoxication and Violent Crime: Implications for Public Health Policy

McClelland

Teplin

2001

American J Addict

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“…44,45 In addition, there are numerous pressures on police that determine the severity of the crime that is recorded. 46,54 Charges are often plea-bargained to a lesser offense. Police may also hestitate to report that suspects (or victims) are intoxicated because it might weaken their case.…”

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confidence: 99%

Alcohol Intoxication and Violent Crime: Implications for Public Health Policy

McClelland¹,

Teplin²

2001

American Journal on Addictions

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Despite extensive public health campaigns, the consequences of alcohol intoxication continue to be a serious public health concern. Alcohol intoxication, for example, is a prevalent feature of crime, especially violent crime. Previous studies of alcohol intoxication and violent crime have used samples of police reports, correctional populations (arrestees, jail detainees, or convicted offenders), or community surveys. Studies using police reports and correctional populations are biased because few police‐citizen encounters result in police reports or arrest. Community surveys avoid these biases but rely on the subject's assessment of both the victims' and the suspects' intoxication. We took a different approach and directly observed 2,365 police‐citizen encounters. Observers used the Alcohol Symptom Checklist to determine the level of alcohol intoxication or impairment. We compared the prevalence of suspects' and victims' alcohol intoxication (equivalent to a blood alcohol level [BAL] of .05 or above) by type of encounter and computed odds ratios to assess the association between intoxication and type of encounter. We also controlled for demographic characteristics (race, gender, age, and socio‐economic status) to assess the relationships among perpetration, victimization, and intoxication. Overall, suspects are far more likely than victims to be intoxicated; not surprisingly, suspects in public order/vandalism encounters are the most likely to be intoxicated. Alcohol intoxication appears to contribute substantially to violent victimization. The role of alcohol intoxication is largest among groups that, if not intoxicated, are generally less vulnerable to violence: whites, males, and persons of higher socio‐economic status. We discuss the implications of these findings for services and public health policy.

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Alcohol, Drugs, and Forensic Psychiatry

Öjesjö

1983

Psychiatric Clinics of North America

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Alcohol and Criminal Responsibility

Abstract: The tradition of the law has long frowned on criminal behavior performed in association with alcohol intake; courts have been most hesitant to provide any exculpation for drug and alcohol intake. The hostility of courts to a defense of intoxication is shown in State v. Noel [1].

Cited by 4 publications

References 22 publications

Alcohol Intoxication and Violent Crime: Implications for Public Health Policy

Alcohol Intoxication and Violent Crime: Implications for Public Health Policy

Alcohol Intoxication and Violent Crime: Implications for Public Health Policy

Alcohol, Drugs, and Forensic Psychiatry

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