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

[Jim Choate]

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>From ravage at ssz.com Fri Jan  2 20:33:21 1998
From: Jim Choate <ravage at ssz.com>
Message-Id: <199801030233.UAA16279 at 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.