涉嫌酒后驾驶交通事故人体损伤与驾驶员血中乙醇质量浓度关系研究

目的探讨涉嫌酒后驾驶所致道路交通事故中人体损伤情况与驾驶员血中乙醇质量浓度关系,为预防、控制道路交通事故及人体损伤提供依据。方法对467例涉嫌酒后驾驶机动车的道路交通事故损伤人员相关鉴定资料与肇事驾驶员血中乙醇质量浓度进行系统分析性研究。结果涉嫌酒后驾驶发生道路交通事故的损伤人员中,以20~39岁男性居多;事故中驾驶员损伤机率最高;酒后交通事故以长头小车及摩托车最多,而驾驶员血中乙醇质量浓度（BAC）为0.1~20mg/100mL浓度的摩托车驾乘人员伤亡构成比最高;酒后驾驶机动车肇事导致的人体致命性损伤及人员死亡的饮酒组危险程度均高于未饮酒组,在驾驶员血中乙醇质量浓度（BAC）为0.1~20mg/100mL组与20.1~80mg/100mL组比较无明显差异。结论酒后驾驶肇事导致的人员伤亡比未饮酒驾车交通事故严重;未达酒后驾车组（BAC为0.1~20mg/100mL）和酒后驾车组（BAC为20.1~80mg/100mL）交通事故导致的人员伤亡无明显差异。研究结果提示,应降低饮酒后驾车血中乙醇质量浓度（BAC）法定标准阈值,进一步控制和减少道路交通事故人身伤亡率。     

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。     

论道路交通事故与驾驶员血中酒精含量关系

目的探讨道路交通事故与饮酒驾车血中酒精含量关系及其法医学意义,为预防、控制道路交通事故提供重要依据。方法对2005份道路交通事故肇事驾驶员血酒精鉴定资料进行系统分析性研究。结果饮酒驾车以男性为主,女性饮酒驾车出现醉酒驾车的比例与男性无差别。市区驾驶员醉酒驾车高于郊区。驾驶员BAC<20mg/100mL肇事导致死亡的比例高于饮酒驾车肇事组(BAC20￣79mg/100ML),而BAC≥80mg/100mL则低于饮酒驾车肇事组。结论应降低饮酒驾车和醉酒驾车BAC标准,以利于减少交通事故肇事死亡率。     

City police and drunk driving: Baseline data

Public attitudes, social movement organizations, and criminal justice laws regarding drunk driving have undergone significant changes in recent years. These changes raise important questions about police, who act as gatekeepers for the rest of the criminal justice system. Very little, however, is known about what police did in the years when drunk driving was viewed as a less serious social problem or about what police do now. I attempt to answer the first of these questions using data collected in the early 1970s, an important, largely unexamined period in the history of city police and drunk driving. The data provide a baseline for contemporary research. City police did not give contacts with drunk drivers a high priority, preferred to avoid these encounters, and made arrests on the basis of both legal and extralegal factors; extralegal factors were more important than legal factors. I examine the implications of the baseline data for contemporary policing.     

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.     

Carbohydrate-deficient transferrin (CDT): A reliable indicator of the risk of driving under the influence of alcohol when determined by capillary electrophoresis

Carbohydrate-deficient transferrin (CDT) is a marker of chronic alcohol abuse, which has recently been introduced to evaluate the physical fitness for obtaining a driving license. The aim of the present study was to evaluate the prevalence of elevated CDT levels in subjects stopped while driving under the influence of alcohol by using a validated method based on capillary electrophoresis. The study was carried out on a group of 40 drunken drivers (group A) and on a control group (n = 51) of subjects chosen from the general population (group B). CDT was directly determined by capillary electrophoresis in free solution and UV detection at 200 nm. CDT results from both groups were classified as “negative” or “positive” on the basis of the cut-off set at 2.00% (CDT index). The subjects classified as “positive” in group A were 24 (60%), whereas in group B were 2. The subjects classified as “negative” in group A were 16 (40%), whereas in group B was 49 (96.1%). The comparison of the observed percentages, evaluated with the χ²-test, was highly significant (p < 0.001). The present study confirms the high prevalence of chronic alcohol abusers among drunken drivers and the usefulness of CDT as a predictor of the risk of drunk driving.     

Types of crimes committed by repeat DUI offenders

This study investigates whether repeat driving under the influence (DUI) offenders have more extensive histories of violent, property, and drug crimes than first-time drunk drivers. It also offers an exploratory investigation into the extent of their criminal specialization. Negative binomial regression was performed on arrest and criminal history data from a systematic random sample of 429 DUI arrestees. Analyses controlling for age, gender, ethnicity, and employment found that being a repeat DUI offender increased the total number of violent and property convictions (regardless of severity) and petty misdemeanor/violation property convictions. The results suggest DUI recidivists are generalists rather than specialists and that impaired driving is best viewed as just one manifestation of a host of deviant behaviors. They also illustrate the challenges of rehabilitating and deterring DUI recidivists and the potential differences between first-time and repeat DUI offenders. The findings should not be interpreted as support of enforcement or deterrent DUI policies that focus on repeat offenders, as limited resources are most efficiently directed at the general population of impaired drivers.     

Recidivism Among Young Males Sentenced to Prison and Youth Custody

In 1999, Sweden introduced a new Act focused on young persons aged 15–17 who commit serious offences. The object of the Act was to replace prison sentences with a new sanction in the form of youth custody, which would involve a placement in a special approved home. This study constitutes a follow-up comparison of criminal recidivism among young males sentenced to prison prior to the introduction of the Youth Custody Act (1991–1998) and young males sentenced to youth custody following the introduction of the Act (1999–2003). The study shows that the sanction has not only been used as a replacement for prison sentences, but has also led to an expansion in custodial sentencing in the form of ‘net-widening’. There has also been a substantial increase in the length of custodial sentences awarded in connection with the new sanction. A comparison with the youth sanction in Denmark raises questions about the consequences of having expanded the group of youths sentenced to a custodial sanction in Sweden, and of the increased length of the custodial sentences to which this group is subjected.     

Rational choice beyond the classroom: Decision making in offenders versus college students

Purpose

Tests of rational choice theory commonly utilize samples of university students. The current study examines whether these samples provide meaningful insight into real offenders’ decisions.

Methods

A total of 760 undergraduates from a southwestern university and 1,013 offenders incarcerated in the same state were surveyed. Both groups were given a hypothetical drunk driving scenario and completed rational choice questions.

Results

Results indicate that although the samples were very different in their background characteristics (e.g., age, sex, race, prior criminal history), they identified similar costs and benefits of drunk driving, gave similar ratings of the certainty/severity of these consequences, and utilized these consequences to inform their drunk driving intentions in a similar fashion.

Conclusion

Despite social science being largely criticized as the “study of sophomores,” in this instance it appears college student samples can provide meaningful insight into the decision calculus of known offenders. Implications and limitations of the study are presented.     

Methamphetamine and alcohol detection in vehicle-driver fatalities in South Australia: A 10-year survey (2008–2018)

Motor vehicle driver fatalities (≥18 years) from the files at Forensic Science South Australia were reviewed from January 2008 to December 2018 for cases in which either positive blood sample for methamphetamine (MA) or an illegal blood alcohol concentration (BAC) >0.05g/100 ml were found. Three hundred driver deaths were found with MA detected in 28 cases (age range 21–62 years; ave. 37.8 years; M:F 23:5). Hundred and fifteen cases with a BAC > 0.05 g/100 ml were identified (age range 18–67 years; ave 35.7 years; M:F 95:20). No change was found in numbers of MA cases, although alcohol cases showed a significant decline (p < 0.001). Drunk driving-related fatal crashes tended to occur in the evening (5 p.m. to 11 p.m.), while MA-related fatal crashes had a longer peak extending from late evening until late morning (11 p.m. to 8 a.m.). This study has demonstrated that while roadside breath testing, legislative changes, and increased monitoring have resulted in reduced levels of drunk driving, similar safety countermeasures have had negligible effects on MA use in drivers. Continued monitoring of MA use by drivers will, therefore, be necessary to assess the possible effects, or not, of new countermeasures.     

Drunk driving and the alcoholic offender: a new approach to an old problem

Health laws in every state recognize alcoholism as a treatable disease. State drunk driving laws, however, inadequately provide for alcoholic drunk drivers. Studies show that problem drinkers make up as much as two-thirds of the DWI offender class. Alcoholic drunk drivers cannot fully conform their drinking behavior to the dictates of the law as long as their alcoholism remains untreated. This Note argues that the law should consistently treat alcoholism as a disease. This Note suggests that the most appropriate way for the legal system to deal with alcoholic DWI offenders is to suspend the offender's license until he can show that he has successfully completed an initial alcohol detoxification/rehabilitation program. In addition, because alcoholism requires lifelong treatment, alcoholic drivers should be required to present periodic documentation that their condition is under supervised treatment. Epileptic drivers are handled in a similar manner in most states.     

Court processing and sentencing of drinking drivers: Using new methodologies

Driving while intoxicated (DWI) offenses provide a unique focal point for research in criminology. In recent years, legislative and media attention has increasingly focused on the harmful acts of drunk drivers, but little is known of the characteristics of individuals arrested for driving while drunk or of the court processing and sanctioning of such offenders. The research presented here uses a variety of methodological techniques to analyze individual-level court processing data for persons convicted of DWI on a revoked license. We find that the population of persons processed for this offense have certain characteristics which are not unlike those of persons processed for street crimes. Further, we find evidence of differential sanctioning related to ethnicity and level of education. We conclude with a call for future investigation of court processing to understand better why the DWI legislative mandate is being applied differently across social groups.     

Review essay / justice,mercy, and forgiveness

Jeffrie G Murphy & Jean Hampton, Forgiveness and Mercy Cambridge and New York: Cambridge University Press, 1988, 194 pp. Kathleen Dean Moore, Pardons: Justice, Mercy, and the Public Interest New York and Oxford: Oxford University Press, 1989, 271 pp.     

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。     

Sentences and prosecutors’ demands for aggravated drunk driving in Finland

ABSTRACT

Sentences and prosecutors’ demands for aggravated drunk driving are categorised into three classes: The sentence is more lenient than, is compatible with, or is harsher than the prosecutor’s demand. The probability of a sentence falling into one of the three ordered categories is explained by a cumulative logit model. The following circumstances affect the probability of a more lenient or harsher sentence, in decreasing order of importance: driving a truck, facing at least four counts, having a legal assistant, and being present in the trial. The hypothesis that factors known by the prosecutor, at the time of writing the demand, should not systematically affect sentences is refuted. The judges assess circumstances differently than the prosecutors. The prosecutors’ role is nevertheless prominent in the sense that the sentences follow, to a great extent, their demands. Notable gender effects of the actors in the courtroom are found.     

Race and place: The ecology of racial profiling African American motorists

We propose an ecological dimension to racial profiling by comparing the distribution of drivers on the roadways with officers' proactive surveillance and stop behavior in a predominantly white suburban community bordering a predominantly African American community. African Americans are subject to significant racial profiling, as reflected in disproportionate surveillance and stopping by the police when driving through whiter areas. Officers' behavior is not explained by African Americans' criminality because the “hit rates” for African American drivers are lower in white areas. Profiling is sensitive to race and place and manifests itself organizationally, reflecting community patterns of residential segregation.     

Static and Dynamic Indicators of Minority Threat in Sentencing Outcomes: A Multi-Level Analysis

Designation as a “Habitual Offender” is an enhanced form of punishment which unlike, “Three Strikes” or “10-20-Life,” is entirely discretionary. We use Hierarchical Generalized Linear Modeling to assess the direct effects of race and Latino ethnicity on the designation of Habitual Offenders as well as the effect of both static and dynamic indicators of racial and ethnic threat on those outcomes. Our data include 26,740 adults sentenced to prison in Florida between 2002 and 2004 who were statutorily eligible to be sentenced as Habitual. The odds of receiving this designation are significantly increased for black and Latino defendants as compared to whites, though race and ethnicity effects vary substantially by crime type, being strongest for drug offenses and negligible for violent crimes. Static measures of group level threat (% black and % Latino) have no cross-level effect on sentencing by race or Latino ethnicity. However, increasing black population over time increases the odds of being sentenced as Habitual for both black and Latino defendants. Increasing Latino population increases the odds of Habitual Offender sentencing for Latinos, but decreases it for blacks. The prospect of engaging dynamic as opposed to static measures of threat in future criminal justice and other social control research is discussed.     

Driving While Black

Abstract

The phenomenon of “driving while black” has ignited a heated debate: Do the police use race to target drivers? Most research on the topic compares the number of police stops and searches for a racial group to that group's distribution in the population. This approach ignores sociological theories of law, the driver's social status, the combined influence of race and sex, and whether the driver carries drugs in the car. In addition, the police are aware of being observed. To address these limitations, we surveyed undergraduates (N = 1,192) at one of the most diverse universities in the nation about their experiences with the police and their personal criminal behavior. Drawing on Black's (1976) theory of law, we examine whether a driver's race, sex, and social status influence police behavior (stop, exit, frisk, search, ticket/arrest). We also examine which drivers are most likely to have drugs in the car. The results suggest that a driver's race, sex, and social status all shape police behavior: African American men and Hispanic men experience more social control than white men; all men experience more social control than women; and low status drivers experience more social control than high status drivers. But despite the police focus on minority males, white males were the most likely to report carrying drugs in the car.     

Multicountry Studies of Latin American Legislatures: A Review Article

Electoral Laws and the Survival of Presidential Democracies. By Mark P. Jones. (South Bend, IN: University of Notre Dame Press, 1995. Pp. 246). Legislative Politics in Latin America. Edited by Scott Morgenstern and Benito Nacif. (New York, NY: Cambridge University Press, 2002. Pp. 503). Partidos Políticos de América Latina: Centroamérica, Mexico, y República Dominicana. By Manuel Alcántara Sáez and Flavia Friedenberg. (Salamanca, Spain: Biblioteca de América, 2001. Pp. 776). Partidos Políticos de América Latina: Cono Sur. By Manuel Alcántara Sáez and Flavia Friedenberg. (Salamanca, Spain: Biblioteca de América, 2001. Pp. 628). Partidos Políticos de América Latina: Paises Andinos. By Manuel Alcántara Sáez and Flavia Friedenberg. (Salamanca, Spain: Biblioteca de América, 2001. Pp. 680). Patterns of Legislative Politics: Roll Call Voting in Latin America and the U.S. By Scott Morgenstern. (New York, NY: Cambridge University Press, 2004. Pp. 224).¹ Politicians and Economic Reform in New Democracies. By Kent Eaton. (University Park, PA: The Pennsylvania State University Press, 2002. Pp. 351).¹ Presidentialism and Democracy in Latin America. Edited by Scott Mainwaring and Matthew Soberg Shugart. (New York, NY: Cambridge University Press, 1997. Pp. 493). Term Limits and Legislative Representation. By John M. Carey. (New York, NY: Cambridge University Press, 1996. Pp. 216).     

The appointments clause: Judge Bork and the role of ideology in judicial confirmations

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The Physician‐Legislators of France: Medicine and Politics in the Early Third Republic, 1870–1914. Jack D. Ellis. Cambridge, 1990. The University Press, xii + 305pp. (incl. Index). £35.00/$49.50 hb. ISBN 0 521 38208 4.

Combination and Conspiracy: A Legal History of Trade Unionism 1721–1906. John V. Orth. Oxford, 1991. Clarendon Press, xvi + 207pp. (incl. Index). £30hb. ISBN 0 19 825299 4.

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