Sober assessment of the link between substance abuse and crime-eliminating drug and alcohol use from the sentencing calculus

Bagaric, Mirko and Gopalan, Sandeep 2016, Sober assessment of the link between substance abuse and crime-eliminating drug and alcohol use from the sentencing calculus, Santa Clara law review, vol. 56, no. 2, pp. 243-302.

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Title Sober assessment of the link between substance abuse and crime-eliminating drug and alcohol use from the sentencing calculus
Author(s) Bagaric, Mirko
Gopalan, Sandeep
Journal name Santa Clara law review
Volume number 56
Issue number 2
Start page 243
End page 302
Total pages 60
Publisher Santa Clara Law School, University of Santa Clara
Place of publication Santa Clara, Calif.
Publication date 2016
ISSN 0146-0315
Summary The relevance of drug and alcohol involvement to sentencing law and practice is one of the most perplexing and unsettled areas of sentencing law and practice.1 It is also one of the most important issues in the criminal justice system. Most crimes are committed by offenders who are substance involved, and nearly half of all crimes that are committed are done so by offenders who are intoxicated at the time of the offense. Substance involved individuals are grossly over-represented in the criminal courts. Addiction and intoxication impair sound judgment, and hence, it intuitively appears that intoxicated offenders are less culpable for their crimes. Moreover, there is often a sense that addiction and intoxication causes aberrant behavior and that curing the substance involvement will lead to more prudent (law-abiding) conduct.
Language eng
Field of Research 180110 Criminal Law and Procedure
1801 Law
Socio Economic Objective 940403 Criminal Justice
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2016, Santa Clara Law School, University of Santa Clara
Persistent URL http://hdl.handle.net/10536/DRO/DU:30083213

Document type: Journal Article
Collections: Law
2018 ERA Submission
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