CHANGING THE PUBLIC DRUNKENNESS LAWS - THE IMPACT OF DECRIMINALIZATION

• NCJ Number: 52680
• Journal: Law and Society Review Volume: 12 Issue: 3 Dated: SPECIAL ISSUE (SPRING 1978) Pages: 405-436
• Author(s): D E AARONSON; C T DIENES; M C MUSHENO
• Date Published: 1978
• Length: 32 pages
• Grant Number(s): 74NI-99-0055
• Agencies: NIJ-Sponsored
• Publication Type: Report (Study/Research)

Annotation

THE IMPACT OF DECRIMINALIZATION ON POLICE HANDLING OF PUBLIC INEBRIATES IN MINNEAPOLIS, MINN., AND WASHINGTON, D.C., IS EXAMINED.

Abstract

IN DECRIMINALIZING PUBLIC DRUNKENNESS, LAWMAKERS ENVISION A PUBLIC HEALTH MODEL OF DETOXIFICATION AND TREATMENT, IN WHICH THE POLICE WILL CONTINUE TO PERFORM AS THE MAJOR INTAKE AGENT FOR PUBLIC INEBRIATES. HOWEVER, ORGANIZATION THEORY AND STUDIES OF POLICE BEHAVIOR SUGGEST THAT POLICE WILL BE LESS LIKELY TO PERFORM THIS INTAKE FUNCTION ONCE PUBLIC DRUNKENNESS HAS BEEN DECRIMINALIZED. IT IS HYPOTHESIZED THAT DECRIMINALIZATION WILL BE FOLLOWED BY A STATISTICALLY SIGNIFICANT DECLINE IN THE NUMBER OF PUBLIC INEBRIATES FORMALLY HANDLED BY THE POLICE IN THE MANNER DESIGNATED BY LAW. ANALYSES OF DATA FROM THE MINNEAPOLIS AND WASHINGTON POLICE DEPARTMENTS CONFIRM THIS HYPOTHESIS, RAISING SERIOUS DOUBT ABOUT THE WISDOM OF USING POLICE TO IMPLEMENT NONCRIMINAL REGULATIONS. HOWEVER, THE ANALYSIS DOES NOT LEAD TO THE CONCLUSION THAT DECRIMINALIZATION NECESSARILY WILL MEAN THAT MORE INEBRIATES WILL BE LEFT ON THE STREETS. IN MINNEAPOLIS, PROACTIVE BEHAVIOR BY THE PUBLIC HEALTH COMMUNITY (E.G., USE OF A CIVILIAN INTAKE VAN AND ENCOURAGEMENT OF SELF-ADMISSION TO TREATMENT FACILITIES) COMPENSATE FOR REDUCED POLICE ATTENTION TO PUBLIC INEBRIATES. MINNEAPOLIS POLICE HAVE RESPONDED TO PRESSURES TO CLEAR THE BUSINESS DISTRICT OF PUBLIC INEBRIATES BY USING DISORDERLY CONDUCT CHARGES TO DETAIN INEBRIATES. THE DISTRICT OF COLUMBIA POLICE KEEP THE COMMERCIAL DISTRICT FREE OF PUBLIC INEBRIATES BY ALLOWING INEBRIATES TO CONGREGATE IN 'SAFE ZONES'; I.E., BLIGHTED NEIGHBORHOODS NEAR THE SHOPPING DISTRICT. THE WASHINGTON POLICE ALSO HAVE LOOKED UPON DECRIMINALIZATION AS AN OPPORTUNITY TO SHIFT PRIORITIES AT A TIME WHEN THE DEPARTMENT WAS UNDER HEAVY PRESSURE TO DEAL WITH DEMONSTRATIONS AND STREET CRIME. DETAILS OF THE ANALYSIS, SUPPORTING DATA, AND A LIST OF REFERENCES ARE INCLUDED. (LKM)