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Drink-Drivers and the Judicial Process: An Analysis that Relates to The Defendant's Perspective
Authors:Alan R Petersen
Abstract:By making ‘meaning’ the focus of study this paper offers a novel way of understanding the legal prosecution of drink-drivers: the analysis relates to the defendant's perspective. Data were derived from observations of hearings in a lower criminal court in Western Australia, and interviews with 66 individuals who appeared on drink-driving charges. The findings emphasise the significance for the accused driver of the pre-court procedures. It is demonstrated that whilst most drink-driver defendants plead guilty because they accept their guilt, their decision on the plea is constrained by their desire to minimize the various costs associated with judicial procedure. The question of whether or not the present system of processing drink-drivers protects the interests of the accused merits further investigation.
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