CRJ-322 CRIMINAL MIND DISCUSSION 6

RESPONSE TO CO-STUDENT

In regard to the tests (chemical or field sobriety), if there is a medical condition that affects the tests then the officer has the other option to use the field sobriety if the possibilities that medications might affect the chemical test. If there is a medical condition that affects the field sobriety test or a segment of it then the chemical test should be done as well.

I agree that alcohol should not be considered a disease because it is a choice and not a liability until it affects cause severe changes to the physicality in a negative way and a danger to the person.

Thank you.

Felicia

RESPONSE TO CO-STUDENT

I agree that the imposing of either test might be because of erratic driving but the test itself is not constrictive or a punishment but a necessity to verify if alcohol consumption is the reason.

The alcohol content will have decreased by the next day and should render a correct reading if done by a chemical test. Also, I agree that alcohol is not a disease but complemented with a psychological fault it leads to addiction of alcohol and severe dependency that causes physical problems but sometimes a reversible problem.

Thank you.

Felicia

Functional Alcoholism

Read the article titled “DUI Offense Basics”, located at http://dui.findlaw.com/dui-charges/dui-offense-basics.html. Next, give your opinion as to whether the standards for use of the “field sobriety test” versus the “chemical test” are too subjective for a police officer’s use. Next, analyze the manner in which a judge could refute an officer’s choice to use either test or its results during court proceedings. Justify your response.

The standards for use of the “field sobriety test” versus the “chemical test” are not too subjective for a police officer’s use because both are choices that are controlled by the officer and scenario connected with it. In the case of a suspected DUI the choice would probably be based on possible physical effects (behavior) rather on the sense of smell only. Basically the choice is not a preference but an orderly procedure to decide if one test is sufficient or if the circumstances require both tests. But if the choice of either test is capable of being challenged then the judge can refute the choice because it might fall under the poisonous tree doctrine during the court session.

Further based on the state of tests being refuted it would thereby give the suspected DUI an opening to have charges dropped because of the possible inaccuracy of reading or a possible malfunctioning of the equipment. If the act can be challenged and cedes affirmation then it can conclusively be regarded as an act that can be dismissed.

Based on Chapter 9 of the textbook, suggest one (1) reason why alcoholism should or should not be classified as a disease. Provide support for your position.

One reason alcoholism should not be classified or coded as a disease is because it is not a medical condition. Alcoholism does not become a serious concern until it is a situation where the “crave” makes the need to consume alcohol to hide and it is physically disabling. But as with a theory the control to quit is still enabled and possible. Therefore, if the act of consuming alcohol can be discarded then it is not a disease but if there is heavy dependency then it is a disease.

Thank you.

Felicia

Sobriety Tests. (n.d.). Retrieved August 09, 2017, from http://dui.findlaw.com/dui-arrests/sobriety-tests.html
Blood, Breath and Urine DUI Tests. (n.d.). Retrieved August 09, 2017, from http://www.1800duilaws.com/common/chemtest.asp