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Legislating Self-Risking Behaviors: Motorcycle Helmet Laws and the Symbolic Defense of Individual Freedoms

NCJ Number
218001
Journal
Criminal Justice Policy Review Volume: 18 Issue: 1 Dated: March 2007 Pages: 95-110
Author(s)
T. William Greene
Date Published
March 2007
Length
16 pages
Annotation
This article examines the social influences on the increased formal control of risky behavior, specifically the implementation of motorcycle helmet laws.
Abstract
Risky behaviors that have been identified as social problems have become the concern of social institutions, such as cigarette smoking in public establishments. On the streets and highways, the riding in automobiles without seat belts and of motorcycling without helmets has been identified as social problems. As social problems rather than as strictly personal ones, these self-risking behaviors may carry implications for the jurisprudence of American social control. Using a case study, this article sought to highlight the central mechanisms that have driven helmet laws. Motorcycle helmet laws became a primary focus because of their dynamic qualities. The simple act of placing a helmet on one’s head appears to be laden with strong public opinion. The article begins with a brief overview of the history of helmet laws. This followed by a review of the literature, specifically Tittle’s (1994) integrated model of formal social control. The article employs Tittle’s model toward identifying the major social mechanisms that have influenced the directions of helmet laws. Implications of helmet and similar laws are presented and discussed. Table, figure, references

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