Chemicals and the Law - Retribution or Rehabilitation?*

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Abstract
Recent research indicates that there is a far higher incidence of alcoholism and drug dependence among criminal offenders than among the general population. Also, many criminal offenders have taken alcohol, other drugs, or both, before committing the offence in question. Alcoholic and drug addicted offenders are more likely to reoffend. This paper describes and assesses the effectiveness of various legislation and sentencing options for dealing with such offenders. Modern drink‐driving legislation is based largely on retribution — improving the detection and prosecution of offenders and imposing increasingly heavier penalties. Alternatively, court‐induced treatment programmes, such as that available under section 13 of the Victorian Alcoholics and Drug Dependent Persons Act, focus on rehabilitation. The effectiveness of both types of legislation is considered, with reference to recent road accident and offence statistics and the attendance rate for treatment of section 13 clients. It is ultimately suggested that the most effective disposition for alcoholic and drug dependent offenders is not based solely on either retribution or rehabilitation, but on a balance of the two.

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