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6 - Legal Sanctions Subsystem: prohibited uses of alcohol

Published online by Cambridge University Press:  22 September 2009

Harold D. Holder
Affiliation:
Prevention Research Center, Berkeley, California
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Summary

Introduction

The Legal Sanctions Subsystem reflects the community's use of police powers to respond to and control alcohol-involved behaviors and events that are defined as illegal. Along with the Formal Control and Regulation Subsystem, the Legal Sanctions Subsystem is also involved in detecting and punishing those who violate specific rules concerning the possession and use of alcohol. The purpose of enforcement is not only to punish those who violate the laws or rules, but also to deter or prevent such behaviors or events through the threat of punishment.

Behaviors and events subject to enforcement within the Legal Sanctions Subsystem can include public intoxication or public drinking, alcoholinvolved violent behavior, illegal sale of alcoholic beverages, drinking in places where it is prohibited (such as parks or beaches), and driving under the influence of alcohol (DUI). This chapter first briefly summarizes enforcement considerations in each of these areas. The rest of the chapter focuses primarily on drinking and driving, which is the dominant concern of this subsystem in many industrialized communities. The discussion of drinking and driving provides a detailed example of how the Legal Sanctions Subsystem functions and interacts with other subsystems in all aspects of enforcement.

Areas of enforcement within the subsystem

A common function of the Legal Sanctions Subsystem is detection and deterrence of public intoxication. Even where alcohol sales and consumption are legal, many communities in industrialized countries have defined intoxication in public view as illegal. As a result, the offense of public intoxication can consume considerable police time and court resources.

Type
Chapter
Information
Alcohol and the Community
A Systems Approach to Prevention
, pp. 97 - 112
Publisher: Cambridge University Press
Print publication year: 1998

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