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Chapter 5: Alcohol and crime
Chapter aims
This chapter addresses the following key question:
- Do people in Scotland think alcohol intoxication
('being drunk') should be viewed as a mitigating or an
aggravating factor in determining punishments for
crime?
There is a general consensus among politicians, the
media, police and experts that alcohol is often a factor in
criminal acts. This is supported by the research evidence -
for example, the 1998/99 youth lifestyles survey
established that 18-24 year-old binge drinkers were almost
three times as likely as 18-24 year-olds who drank, but
were infrequently drunk, to admit to offending behaviour.
21 the survey also found that frequent drunkenness was
strongly associated with offending behaviour, even after
other factors such as sex, exclusion from school, drug use,
etc. Were taken into account. However, although there is
evidence of a strong link between problem drinking and
criminal behaviour, it is not possible to assume a direct
causal relationship between alcohol and crime. This is
reflected in a comment on the home office website,
that:
the relationship between alcohol and crime is
complex and the nature and extent of the association is
a matter of continued debate
22.
There are several possible positions the justice system
could take when sentencing a person who has committed a
crime under the influence of drink. One would be to argue
that because of their intoxication the person was acting
with 'diminished capacity' and that the 'mens rea' or
criminal intent is reduced, so the offender should be
punished less harshly. The opposite view would be that it
was the persons own choice to get drunk, and that in fact
they should be punished more harshly because of this
(alcohol should be viewed as an 'aggravating' factor in
determining sentences). A third view would be that whether
or not a defendant was drunk when they committed an offence
should be irrelevant in determining their sentence.
The
SSA explored which of these positions
comes closest to the views held by people in Scotland by
asking whether respondents thought that a person who was
drunk when committing an offence of vandalising a car
should be punished
more harshly, less harshly or
in the same way as a person who committed the same
crime when sober.
The vast majority of people in Scotland (88%) appear to
think that offenders should receive the same punishments
regardless of whether they are drunk or sober (Figure 2.1).
This view was shared by the vast majority of respondents
regardless of age, gender, social class or educational
qualifications.
Figure 5.1 How should a drunk vandal be
punished compared with a sober vandal? (%)
Base: 1,637
Key points from this chapter
- The vast majority of people in Scotland do not
think that whether a criminal is drunk or sober should
affect the punishment they receive.
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