Creative Justice?... [CNN] (fwd)

17 Dec 2003


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From ravage@ssz.com Fri Jan  2 20:33:21 1998
From: Jim Choate 
Message-Id: <199801030233.UAA16279@einstein.ssz.com>
Subject: Creative Justice?... [CNN]
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Date: Fri, 2 Jan 1998 20:33:15 -0600 (CST)
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DRUNKEN DRIVER ORDERED CLOSER TO LIQUOR STORE
graphic January 2, 1998
     Web posted at: 8:39 p.m. EST (0139 GMT)
CINCINNATI (Reuters) -- An Ohio judge has ordered a chronic drunken
     driver to move within easy walking distance of a liquor store or
     face jail.
In a sentence meted out on New Year's Eve, Hillsboro Municipal Judge
     James Hapner ordered Dennis Cayse to move within "easy walking
     distance" -- defined as one-half mile or less -- of a liquor store
     within 30 days or face a potential 1-1/2-year jail sentence for
     drunken driving.
It was Cayse's 18th conviction for drunken driving. He was also
     sentenced to spend the first week of each of the next five years in
     jail.
The judge also directed that Cayse, who lost his license years ago
     but continued to drink and drive, be handcuffed to the
     passenger-side door or be seated with someone between him and the
     driver anytime he travels.
University of Cincinnati law professor Christo Lassiter said the
     multiple sentence passed constitutional muster.
"It appears to me that this sentence is neither unconstitutional nor
     inappropriate," Lassiter told Reuters Friday. "It looks to me like
     the judge felt that there was nothing he could do to keep the man
     off the road except to make him move to where he could walk to buy
     his booze."
Hillsboro is a town of 6,000 just east of Cincinnati.
"For as long as I have been associated with law enforcement, I have
     never heard of such an unusual sentence. It's very squirrelly," said
     Lt. Ronald Ward of the Highland County sheriff's office.
"I have known Dennis Cayse a long time and I've never seen him sober
     except when he was in jail," Ward said. "His lifetime record shows
     that if he is not in jail, he's going to drink and drive."
A spokeswoman for Mothers Against Drunk Driving denounced the
     sentence, saying it was too lenient and sends the wrong public
     message.
Copyright 1998 Reuters Limited. All rights reserved.