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Iii. Specific sanctions and remedies

While the availability of specific sanctions depends on local legislation, the general approach to sanctions must be guided by weighing the objectives of sentencing and determining which predominate in the case. Additional considerations include the underlying psychological principle that certainty and swiftness often have far greater effect than the severity of the sanction in deterring subsequent criminal behavior (Jones and Lacey, 2000; Jones and Lacey, 1991; Ross, 1984), the relative weight of long-term versus short-term effects of an overall sanctioning policy, and individual considerations, such as whether a first-time or repeat offender is being sanctioned. According to several experts, some barriers to implementing certain sanctions include cost, limitations of human resources available to the courts, strength of evidence in the case, and whether legal or constitutional problems exist.

Sanctions for controlling the so-called “hard-core drinking driver” have been categorized by Voas (1999) into “three Rs,” as follows:

  • Restrictions on driving (license sanctions, vehicle sanctions, etc.)
  • Restitution (community service, fines, etc.)
  • Rehabilitation (assessment, treatment, probation, etc.

 

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