Martin S E, Annan S, Forst B
Prevention Research Branch, National Institute on Alcohol Abuse and Alcoholism, Rockville, MD 20857.
Accid Anal Prev. 1993 Oct;25(5):561-8. doi: 10.1016/0001-4575(93)90008-k.
This study examines the special deterrent effects of alternative sanctions on first-time offenders convicted of driving while intoxicated (DWI). It uses a quasi-experimental design based on the fact that in Hennepin County, Minnesota, some judges did not comply with the judicial policy that mandated a two-day jail sentence for all first-time DWI offenders. Data were collected on all drunk driving cases adjudicated by two judges during an 11-month period. One judge was known to sentence few first offenders to jail; the other was reputed to sentence virtually all first offenders to jail. Of the 383 offenders sentenced by the two judges, 60 were, reconvicted within the 23-month follow-up period. Using judge as an indirect measure of the jail sanction, we found no statistically significant difference in the recidivism rates of persons sentenced by the "jail" and "no jail" judges. Nor did the sanction have a direct effect. After statistically controlling for offender characteristics and prior traffic record, there was no significant difference between those sentenced to a fine (large or small) with no jail and those who were given a two-day jail sentence plus a small fine. Thus, a two-day jail stay is found to be no more effective in deterring subsequent drunk driving by convicted first offenders than an alternative monetary sanction.
本研究考察了替代性制裁措施对首次因醉酒驾车（DWI）被定罪者的特殊威慑效果。研究采用了一种准实验设计，其依据是在明尼苏达州亨内平县，部分法官未遵守一项司法政策，该政策要求对所有首次醉酒驾车的罪犯判处两天监禁。在11个月的时间里，收集了由两名法官审理的所有酒后驾车案件的数据。已知一名法官很少判处初犯入狱；另一名法官几乎会判处所有初犯入狱。在这两名法官判处的383名罪犯中，有60人在23个月的随访期内再次被定罪。以法官作为监禁制裁的间接衡量标准，我们发现，由“入狱”法官和“不入狱”法官判处的罪犯的再犯率在统计学上没有显著差异。制裁措施也没有直接效果。在对罪犯特征和既往交通记录进行统计学控制后，被判处不监禁（无论罚金多少）的人与被判处两天监禁加少量罚金的人之间没有显著差异。因此，对于被定罪的初犯，为期两天的监禁在威慑其后续酒后驾车方面并不比替代性货币制裁更有效。
