YOUNG MEN IN THE ARMS OF THE LAW: AN AUSTRALIAN PERSPECTIVE ON POLICING AND PUNISHING THE DRINKING DRIVER.

IT IS THE THESIS OF THIS PAPER THAT YOUNG MEN, PARTICULARLY THOSE OF AN UNSKILLED OCCUPATIONAL STATUS ARE SUBJECT TO MORE INTENSIVE SURVEILLANCE BY THE POLICE AND MORE SEVERE PUNISHMENTS FOR DRINKING AND DRIVING THAN OTHER GROUPS OF ROAD USERS. EVIDENCE FOR THIS PROPOSITION IS PRESENTED, DRAWING UPON ROADSIDE SURVEY, CONVICTION, SENTENCING AND ROAD DATA ON THE WAYS IN WHICH DRIVERS COME TO NOTICE FOR A SCREENING BREATH TEST. IT IS ARGUED THAT THE POWER GRANTED TO POLICE AND MAGISTRATES TO EXCERCISE DISCRETION IN THE PERFORMANCE OF THEIR DUTIES HAS A PERVASIVE INFLUENCE IN THE PRODUCTION OF THE CONVICTION AND SENTENCING STATISTICS, ALTHOUGH ROAD USER CHARACTERISTICS (SUCH AS THE TIMES AND FREQUENCY OF DRIVING) ARE OF PRIMARY IMPORTANCE. IT IS HYPOTHESIZED THAT POLICE AND MAGISTRATES TEND TO SEE YOUNG (UNSKILLED) MALE DRINK-DRIVERS AS A GREATER THREAT TO PUBLIC SAFETY THAN OTHER CLASSES OF DRINKING DRIVERS, AND THEREFORE THESE OFFENDERS ARE NOT AS READILY REDEFINED AS "FOLK CRIMINALS" AND ACCORDED LENIENT TREATMENT. ALTHOUGH THE VALUE TO ROAD SAFETY OF THIS TOUGH APPROACH TO YOUNG MEN IS LARGELY UNKNOWN, AVAILABLE EVIDENCE SUGGESTS THAT IT MAY BE LIMITED. (Author/publisher).