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Alcohol Abuse and the Law

NCJ Number
77918
Journal
Harvard Law Review Volume: 94 Issue: 7 Dated: (May 1981) Pages: 1660-1712
Author(s)
Anonymous
Date Published
1981
Length
53 pages
Annotation
This note examines the legal changes that have taken place in the perception of alcohol abuse and proposes further changes to help make the law conform with society's new insights into this persistent problem.
Abstract
Alcohol abuse comes to the attention of society when it causes some visible harm: public disorderliness, automobile accidents, drunken crimes, poor job performance, or troubled families. These incidents give society a chance to minimize the damage caused by the problem drinkers and help them overcome their dependence on alcohol. Where rehabilitation programs have been successful, the key factors have been early identification, strong motivation, and ample social support after sobriety has been achieved. The law can help by applying these principles in the court. For example, child custody proceedings may give problem drinkers the powerful motivation essential to recovery. Where rehabilitation has not been successful and where great danger exists to society, the law must settle with protecting society. Thus, increased apprehension of drunken drivers and rational punishment of persons who commit crimes while under the influence of alcohol are essential. A total of 385 footnotes are provided. (Author abstract modified)

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