In an effort to help curb dangerous substance related incidents, I would recommend a Federal mandate dictating how possession, OWI, and DUI charges are handled. The mandate would transform current penalties for each of these into more productive sentences. This policy would help prevent relapse and, in turn, recurring incarceration. This mandate would also help protect those who could be directly affected by the actions of those with substance abuse issues. This change to the justice system where substance laws are concerned would be beneficial to both the offenders and society.
The mandate would transform current penalties for each of these into more productive sentences. Firstly, this mandate would change the severity …show more content…
This mandate makes incarceration, a contributor to relapse and overdose (Binswanger et al.), a rare consequence for those who are being charged with nonviolent substance crimes in the first place. In the case of small charges such as possession and public intoxication where the charge does not necessarily show dependence, but sometimes merely a casual use of the substance, the offender would only be charged with an infraction in order to prevent the charge itself from triggering a relief searching addiction. The sentence for this would be an option among a fine, community service, and treatment for those who want help. Possession with intent, being a stronger indicator of addiction when the offender shows positive for the substance due to the quantity of the substance, would require treatment in order to help stop addictions. Subsequent offenders of possession with intent would be placed on probation in order to observe the individual for addiction and to take action if necessary. DUI and OWI first offenders would be required to go through treatment and temporarily lose driving privileges and be placed on probation in order to observe and prevent potential relapse. Second offenders of this nature would forfeit their licenses with the potential to face prison. The updated consequences would maximize the potential for offenders to live normal …show more content…
Driving while under the effects of mind altering substances increases the dangers to those in the vehicle of the incapacitated driver as well as others who may be travelling on the same road. With this in mind, the sentence for this is an automatic license suspension for first offense and forfeiture of licensure for subsequent offenses. This allows the offender a period in which to deal with any substance issues while other drivers are kept safe from the potential risks of that individual’s diving, but, upon subsequent endangering of other drivers and thereby failure to deal with his/her problems, the offender loses all driving privileges for life. Where children are involved, substance abuse is particularly serious because in addition to younger children being fragile relative to adults, society requires children to obey those in authority over them. In the case of incapacitated drivers, children do not have a choice in whether to enter the vehicle and thus could forcibly or unknowingly become endangered. Further, the risks of child abuse and negligence are increased where it concerns parents and guardians who have substance abuse problems ("Protecting Children in Families Affected by Substance Use Disorders" 13). As a result of these, the consequences for substance related charges where children are concerned are much more