Determining the impact of intoxication in a desert-based sentencing framework
| Author | Gavin Dingwall,Laurence Koffman |
| DOI | 10.1177/1748895808093438 |
| Published date | 01 August 2008 |
| Date | 01 August 2008 |
| Subject Matter | Articles |
335
Determining the impact of intoxication in
a desert-based sentencing framework
GAVIN DINGWALL AND LAURENCE KOFFMAN
De Montfort University and University of Sussex, UK
Abstract
Research has consistently found a significant correlation between
alcohol consumption and offending. Although this finding does not
prove any direct causal link, many offenders subsequently claim that
the fact that they had been drinking should mitigate their sentence.
As the argument advanced by offenders is framed in retributive
terms—culpability is reduced because of intoxication—this article
aims to analyse the impact, if any, that intoxication should have
under a desert model.
Key Words
intoxication • retribution • sentencing theory
Introduction
There is a strong and persistent belief that alcohol is a major cause of
criminal behaviour (Light, 1994). This belief is over-simplistic: the significant
correlation that exists between drunkenness and offending (Budd, 2003;
Dingwall, 2006: ch. 2) fails to establish a causal nexus (Collins, 1981;
Dingwall, 2006: ch. 3). While images of drunken youths are commonplace
in the media, it should also be remembered that the vast majority of crime
is not violent (Nicholas et al., 2007: 17 reported that 73 per cent of crimes
recorded in England and Wales in 2006/7 were property offences), and even
in relation to the small proportion that is, it is far from clear how much of
it is alcohol related. Data from the 2006/7 British Crime Survey (Nicholas
et al., 2007: 65) show that 46 per cent of victims of violence reported that
the assailant ‘was under the influence’ of alcohol at the time of the incident.
Criminology & Criminal Justice
© 2008 SAGE Publications
(Los Angeles, London, New Delhi and Singapore)
and the British Society of Criminology.
www.sagepublications.com
ISSN 1748–8958; Vol: 8(3): 335–348
DOI: 10.1177/1748895808093438
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