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NCJRS Abstract

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NCJ Number: 51810 Find in a Library
Title: SEPARATION OF ADMINISTRATIVE MEASURES FROM THE CRIMINAL SANCTION
Journal: CRIME ET/AND JUSTICE  Volume:5  Issue:2  Dated:(1977)  Pages:139-142
Author(s): A J MIDDLESTON
Corporate Author: University of Ottawa
Dept of Criminology
Canada
Date Published: 1977
Page Count: 4
Sponsoring Agency: University of Ottawa
Ottawa, Ontario K1Y 1E5, Canada
Format: Article
Language: English
Country: Canada
Annotation: THE JURIDICAL DISTINCTION BETWEEN CRIMINAL AND NONCRIMINAL OR ADMINISTRATIVE SANCTIONS IS DISCUSSED AS IT RELATES TO TRAFFIC VIOLATIONS AND ROAD SAFETY.
Abstract: CRIMINAL OFFENSES ARE CATEGORIZED AS COMMON LAW OFFENSES (MURDER, RAPE, THEFT, AND ROBBERY), STATUTORY OFFENSES (REFUSAL TO PAY TAXES), AND TRAFFIC OFFENSES. TRAFFIC OFFENSES ARE SUCH THAT THE INFRINGEMENT OF A PROTECTED INTEREST IS NEITHER AN INHERENT ATTRIBUTE OF THE OFFENSES NOR A RELATIVELY CERTAIN CONSEQUENCE OF A CONTRAVENTION OF THE LETTER OF THE LAW. THE QUESTION IS RAISED WHETHER IT IS EXPEDIENT AND EFFECTIVE TO IMPOSE CRIMINAL SANCTIONS FOR TRAFFIC OFFENSES. PUNISHMENT IN THE JURIDICAL SENSE OF THE WORD CAN ONLY BE IMPOSED BY A COURT THAT HAS CRIMINAL JURISDICTION AND CRIMINAL CONVICTIONS ARE IMPOSED ONLY IN ACCORDANCE WITH CRIMINAL PROCEDURES. THE CRIMINAL SANCTION IS INEXTRICABLY INTERWOVEN WITH CRIMINAL PROCEDURE AND THE LAW OF EVIDENCE. THIS SANCTION IS NOT PROPERLY APPLIED WHEN PUNISHMENT IS NOT COMMENSURATE WITH THE GRAVITY OF AN OFFENSE, THE PRESENCE AND DEGREE OF FAULT, AND THE PUBLIC DISAPPROBATION OF A PARTICULAR ACT. RETRIBUTION IS AN INHERENT AND INDISPENSIBLE QUALITY OF THE CRIMINAL SANCTION. ALL SANCTIONS, BOTH CRIMINAL AND NONCRIMINAL, GENERALLY HAVE ONE OR MORE OF THE FOLLOWING AIMS: PREVENTION, DETERRENCE, REFORMATION OR REHABILITATION, AND RETRIBUTION. REASONS FOR THE INEFFECTIVENESS OF THE CRIMINAL SANCTION IN THE FIELD OF ROAD SAFETY ARE EXAMINED, AND THE ADVANTAGES OF NONCRIMINAL SANCTIONS FOR TRAFFIC-RELATED OFFENSES ARE ENUMERATED. (DEP)
Index Term(s): Citations; Dispositions; Highway safety; Traffic law enforcement; Traffic offenses
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=51810

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