Trying Something Old: The Impact of Shame Sanctioning on Drunk Driving and Alcohol‐Related Traffic Safety

Largely absent from US criminal sentencing since the early 1800s, shame penalties have been staging a comeback. This revival has been met by a number of debates among legal scholars, one of which centers on the potential for such penalties to reduce crime. This study addresses this debate by investigating the impact of formal shaming on drunk driving and alcohol‐related traffic safety in Ohio. In accordance with the Traffic Law Reform Act of 2004, judges have since been mandated to issue “restricted plates” to certain first‐time and all repeat DUI offenders with limited driving privileges. Results indicate a curvilinear association between punishment levels and drunk driving. Increases in the certainty and visibility of plates are associated with decreases in suspension rates, but there is a point at which increasing the punishment level no longer retains its intended impact. In addition, levels of punishment are unrelated to alcohol‐related traffic safety.     

The Accuracy of Handheld Pre‐Arrest Breath Test Instruments as a Predictor of the Evidential Breath Alcohol Test Results

Drunk driving is a serious threat to public safety. All available and appropriate tools for curbing this threat should be employed to their full extent. The handheld pre‐arrest breath test instrument (PBT) is one tool for identifying the alcohol‐impaired driver and enforcing drunk driving legislation. A set of data was evaluated (n = 1779) where the PBT instrument was employed in drunk driving arrests to develop a multivariate predictive model. When maintained and operated by trained personnel, the PBT provides a reasonable estimate of the evidential test result within the relevant forensic range (95% prediction interval:  ± 0.003 g/210 L). ROC analysis shows that a multivariate model for PBT prediction of the evidentiary alcohol concentration above versus below the legal limit of 0.08 g/210 L has excellent performance with an AUC of 0.96. These results would be of value in evidential hearings seeking to admit the PBT results in drunk driving trials.     

A Criminological Approach to Explain Chronic Drunk Driving

The purpose of this paper is to use criminological theories to explain chronic drunk driving. There is little criminological research explaining recidivist drunk driving with criminological theories. Instead, most researchers posit that repeat drunk driving is explained as a byproduct of substance abuse. Although substance abuse is likely correlated to chronic drunk driving, theoretical explanations need to go further to understand a broader set of social and psychological predictors. Factor analysis and linear regression techniques are used to estimate the relationship between items from two assessment instruments with a number of drunken driving offenses. The sample consists of nearly 3,500 individuals on probation and parole in a Southwestern state. The findings support our contention that criminological frameworks are helpful to understand chronic DUI. We found significant results for volatility, antisocial friends, teenage deviance, and negative views of the law, while controlling for age, gender, marital status, and race. DUIs are a serious problem for the criminal justice system and understanding the individual level correlates of repetitive DUI is crucial for policy development. Further, chronic DUI offers criminologists an opportunity to determine the ability of criminological theories to explain this type of behavior.     

THE NARROWING GENDER GAP IN ARRESTS: ASSESSING COMPETING EXPLANATIONS USING SELF‐REPORT,TRAFFIC FATALITY,AND OFFICIAL DATA ON DRUNK DRIVING, 1980–2004*

We evaluate two alternative explanations for the converging gender gap in arrest—changes in women's behavior versus changes in mechanisms of social control. Using the offense of drunk driving and three methodologically diverse data sets, we explore trends in the DUI gender gap. We probe for change across various age groups and across measures tapping DUI prevalence and chronicity. Augmented Dickey‐Fuller time‐series techniques are used to assess changes in the gender gap and levels of drunk driving from 1980 to 2004. Analyses show women of all ages making arrest gains on men—a converging gender gap. In contrast, self‐report and traffic data indicate little or no systematic change in the DUI gender gap. Findings support the conclusion that mechanisms of social control have shifted to target female offending patterns disproportionately. Little support exists for the contention that increased strain and liberalized gender roles have altered the gender gap or female drunk‐driving patterns.     

PERCEIVED SANCTION THREATS,GENDER, AND CRIME: A TEST AND ELABORATION OF POWER‐CONTROL THEORY*

This research addresses the need to incorporate the perceived threats of informal sanctions, specifically, shame and embarrassment, into the power‐control model. First, the possibility that gender differences exist in the perceived threats of shame and embarrassment, as well as legal sanctions, and that these differences vary between more patriarchal and less patriarachal households of origin is explored. Second, the relative impact of the informal sanction threat variables compared with the formal legal sanctions is ascertained. Results indicate that significant gender differences exist in the perceived threats of embarrassment and formal sanctions, and that these differences vary by household of origin type. In addition, among those individuals reared in more patriarachal households, the perceived threat of shame accounts for a significant proportion of the gender‐crime relationship.     

严格责任下的醉驾型危险驾驶罪

醉驾行为与危害结果之间的关联性并不贴合犯罪故意中"必然会"或"可能会"的紧密程度,醉驾人对危害结果也并不持有"追求或放任"的意志因素,因此醉驾型危险驾驶罪不属于我国《刑法》规定的故意犯罪。同时,现行规定不要求醉驾型危险驾驶罪的构成需要危害结果已经发生,因此也不属于传统理论上的过失犯罪。实际上,我国《刑法》对醉驾型危险驾驶罪作如此规定,是为了凸显刑法对醉驾行为最为严厉的惩罚性,是一种突破我国传统刑法罪过理论的立法模式,与英美刑法的严格责任有相通之处。     

醉驾案件中醉酒标准认定之思考

目前,司法机关对危险驾驶犯罪的醉酒认定标准较为宽松,导致实践中部分无社会危害性的行为被纳入犯罪圈。为贯彻新时代良法善治的刑事司法理念,对危险驾驶犯罪中醉酒标准的认定应持审慎态度,建议借助证据法遏止醉酒驾驶行为过度犯罪化倾向,对于危险驾驶犯罪中的醉酒认定不宜过度依赖血液酒精鉴定,侦查机关应充分收集各类证据,统一交由审判者依其理性最终确定该行为是否构成犯罪。     

Punishment and Autonomous Shame in Confucian Thought

As recorded in the Analects, Kongzi (Confucius) held that using punishment to influence ordinary citizens will do little to develop a sense of shame (chi 恥) in them. This term is usually taken to refer to a sense of shame described here as “autonomous,” understood as a predisposition to feel ashamed when one does something wrong because it seems wrong to oneself, and not because others regard it as wrong or shameful. Historically, Confucian philosophers have thought a great deal about the habits and character traits necessary for someone to have a sense of shame that is truly autonomous. The article looks at their views on this matter and shows how they help to articulate the hypothesis that coercive punishments undermine or work at cross-purposes with the cultivation of an autonomous sense of shame. It then uses this analysis to explicate Kongzi’s proposal that governing people by cultivating a sense of shame is to be preferred to governing by threat of punishment. It concludes by weighing its merits as a view about effective governance, observing that its strength and plausibility depends on whether we take the threat of punishment to be direct or indirect.     

“醉驾入刑”前后扬州地区酒驾状况比对分析

目的 对“醉驾入刑”前后酒后驾驶案件情况进行对比分析,以阐述新的道路交通安全法实施以后酒后驾驶案件的发展趋势和特征。方法 对2009年1月到2013年4月扬州地区实际酒驾案件所占的比例、酒驾的月分布、车辆类型以及饮酒后驾驶和醉酒后驾驶所占的比重进行统计学分析。结果 2011年5月份之后,实际达到酒后驾驶的案件在涉嫌酒后驾驶交通事故案件中的比例有所减少,酒后驾驶在每月的分布渐趋一致,所涉及的车辆类型有所变化,醉酒后驾驶的案件数是饮酒后驾驶案件数的3倍左右。结论 新的《道路交通安全法》实施以后,扬州地区酒后驾驶案件的特征有了一定的变化,在实际的交通安全管理中,应根据这些现况,采取相应的措施。     

97例醉驾案例的回顾性分析

目的通过对醉驾案件的回顾性分析,探讨醉驾人员构成、发生时间以及心理等。方法收集97例杭州市某城区2011年5月1日—2012年4月30日醉驾入刑实施一周年的案件,从醉驾易发时间、驾驶人年龄、性别、职业特性、户籍所在地和心理因素等方面进行分析。结果 97例醉驾案例中,26~40岁、外地户籍、非职业驾驶员的男性为多,22:00至次日5:00易发生醉驾。结论醉驾与时间、年龄、性别、职业等具有一定相关性,醉驾驾驶员多存在侥幸、图方便、逞强、好面子心理。     

醉驾入刑诸问题新探讨

醉驾入刑一年多来,其法治效果和社会效果显现,但同时也存在一些问题。在法律与政策精神上,司法机关对醉驾行为的处理既要坚持从严惩处的态度,同时也要正确贯彻宽严相济的基本刑事政策。醉驾的情形多种多样,对醉驾入罪应根据其情节的不同区别对待,同时合理理解和正确适用醉驾的标准,并从立法上完善醉驾入刑的规定。     

醉驾型危险驾驶罪刑事证据规则研究——基于刑事一体化的尝试性构建

醉驾型危险驾驶罪类似国外违警罪的特性,决定了该罪出罪通道不应通过《刑法》第13条中但书现象建立。结合该罪实体要件取决于程序鉴定结果之特性,应跳出刑事实体法之外,结合刑事程序法对刑事证据证明标准有关理论,围绕如何判断醉驾案证据证明力问题并建立相应的证据规则,以严把入罪关。根据醉驾案证据证明力高低不同,可建立如下证据规则:单独呼气酒精测试结果只能作为醉驾案立案侦查依据而非定案证据使用;单独血液酒精含量测试结果可以作为定罪证据使用,且并不违反刑事诉讼法中孤证不立原则,但其客观性与合法性必须经过排除合理怀疑;既无呼气酒精测试也无血液酒精含量测试结果时,仅凭旁证不能认定醉驾犯罪成立。     

论《刑法》第133条之1的规范目的及其适用

醉酒型危险驾驶罪是过失犯罪,其成立要件是,行为人故意在道路上醉酒驾驶了机动车,但对其醉酒驾驶行为所引起的公共安全的抽象危险仅仅存在过失。对故意在道路上醉酒驾驶机动车并故意引起公共安全的抽象危险的行为,应当认定为以危险方法危害公共安全罪的未遂犯。在确定拘役的期限时,要以血液里的酒精含量为基准,同时考虑案件的各种具体情节;在计算罚金的数额时,要以行为人的税后月收入为基准,同时考虑行为人血液里的酒精含量。在道路上醉酒驾驶机动车而成立的危险驾驶罪,完全可能由于发生了严重的实害结果而转化为其它犯罪,或者由于行为人主观意思的质变而被其它犯罪所吸收,从而需要按照发生了转化或者吸收结果的重罪来处罚。     

贵州省 1 000 例涉嫌酒后驾驶者的鉴定结果分析

目的通过对贵州省2012年1000例涉嫌酒后驾驶、道路交通事故酒精检案的特点进行分析,为预防和控制酒后驾车提供科学数据。方法在利用Excel及Spss统计软件对涉嫌交通事故肇事者性别、年龄、肇事时间、肇事车型以及对肇事者血中乙醇质量浓度（BAC）等数据进行统计分析。结果涉嫌酒后驾驶者男性居多,年龄在20~50岁间占92%。事故多发生于20~24时,以县市区干道为主,肇事车辆为摩托车占46.72%。在1000例乙醇检案中,28.7%为未检出,9.3%为酒后驾车,59.5%为醉酒驾车。结论 2012年贵州省发生的1000例涉嫌酒后驾驶案件中有一定相关特征,可为＂酒驾＂的预防与控制提供准确的科学依据。     

Low Resting Heart Rate and Rational Choice: Integrating Biological Correlates of Crime in Criminological Theories

Purpose

The current work examined the association between low resting heart rate and perceptions of the costs and benefits of criminal behavior.

Methods

Data were gathered from a sample of students in introductory criminal justice classes. Perceptions of the costs and benefits of crime were measured in response to scenarios describing assault, theft and drunk driving.

Results

Those with low resting heart rate perceived a lower likelihood of sanction and were less likely to anticipate a sense of guilt/shame should they commit assault during a confrontation. Those with low resting heart rate were also more likely to indicate that they would commit the act described in the assault scenario. Anticipated guilt/shame mediated the relationship between low resting heart rate and intent to engage in assault.

Conclusions

Low resting heart rate was related to estimations of the costs and benefits of offending. Perceived costs (anticipated guilt/shame) mediated the relationship between resting heart rate and intent to commit assault.     

The New Philadelphia Story: The Effects of Severe Punishment for Drunk Driving*

This article documents the experience of a community–New Philadelphia, Ohio–in which a concerned judge attempted to apply severe penalties in order to deter drunk driving. Surveys of drivers on weekend nights were performed in this community and the nearby comparison city of Cambridge in order to determine the extent to which the legal threats were perceived and the extent to which people drank and drove. It was found that the judicial policies were well known in New Philadelphia, but no differences could be discerned in the extent of drinking and driving between the two cities. No significant differences were found in the subsequent records of samples of sentenced drivers in the two cities, the New Philadelphia sample being sentenced to heavy punishments and the Cambridge drivers being sentenced traditionally. The accomplishments and limitations of the experience reported in this study are relevant both to formulating effective countermeasures to drunk driving in specific American communities, and to understanding the role of law–its capabilities and limitations–in addressing social problems more generally.     

浅析醉酒驾驶行为的法律规制

醉酒驾驶行为的法律规制应追求自由、秩序和正义的价值,以实现对醉酒驾驶行为的遏止。但现实中,醉酒驾驶行为的法律规制因行为的多发性、饮酒的习惯性和制裁的限制性而存在一系列困境,因此在司法实践操作中,需破除对刑罚威慑作用的盲目笃信,在刑法与行政法的顺畅衔接和危险驾驶罪增设资格刑的同时,仍需社会力量的配合。     

Roadblocks and drunk driving: A time series analysis

Deterrence theory suggests that drunk driving can be reduced when the certainty of apprehension is improved. Sobriety checkpoints or roadblocks have been implemented in several jurisdictions to increase both the number of drunk drivers apprehended and the public’s perception of the risk of apprehension. The present study was conducted to obtain additional information on the effectiveness of such checkpoints as implemented in a medium sized urban community. A time series design consisting of 126 weeks of data was utilized to measure the impact of sobriety checkpoints on the number of alcohol related crashes. The research methods utilized, results obtained, and suggestions for further research are presented.     

Shame, Guilt and Remorse: Implications for Offender Populations

The emotions shame and guilt may represent a critical stepping stone in the rehabilitation process. Often referred to as "moral" emotions owing to their presumed role in promoting altruistic behavior and inhibiting antisocial behaviors, shame and guilt provide potentially exciting points of intervention with offenders. In this article, we describe current psychological theory and research that underscores important differences between shame and guilt. We note parallels between psychologists' conceptions of guilt and shame, and criminologists' conceptions of reintegrative and disintegrative shaming. We summarize recent research investigating the implications of these moral emotions for criminal and risky behavior, with special emphasis on the handful of studies conducted with actual offenders. We conclude with a discussion of implications for treatment in criminal justice settings.     

Hyperbolic Time Discounting, Offender Time Preferences and Deterrence

Objectives

This study examines the phenomena of intertemporal decision making??decisions involving costs and benefits that occur at different points in time. Two models of intertemporal time discounting are the exponential and hyperbolic models. Previous work in behavioral economics and psychology is relied on to make the case that the discounting of delayed outcomes (both gains and losses) may be hyperbolic rather than exponential.

Methods

Data were collected from 478 university undergraduate students who responded to a hypothetical scenario involving drunk driving. The potential gains and losses of drunk driving were delayed at five different intervals from ??tonight?? to ??10?years from now??, respondents were also asked to provide estimates of both the risk they would get caught if they did drink and drive and the probability that they would drink and drive under the conditions described in the scenario.

Results

Our results imply that individuals have hyperbolic time preferences for both rewards and gains, and that??unlike severity, the effect of which may be muted by risk??these discount functions appear to be operating independently of changes in the risk certainty of detection. Consistent with hyperbolic discounting, for example, when the benefit of drinking and driving was delayed by 1?week the self-reported intention to drink and drive increased by nearly 10%, however, when the gain was delayed by one month, intentions to drink and drive increased by only 4%. A smaller effect was found for delayed costs.

Conclusions

Avenues for additional research include the possibility of negative discount rates and the implications of persons?? awareness of their discount rates.