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12 Unnecessary Men: The Case For Eliminating Jury Trials In Drunk Driving Cases, Adam Gershowitz

Adam M. Gershowitz

Over the last few decades, states have imposed tougher punishments on drunk drivers. This article argues that increasing punishments is counterproductive. If legislatures are seeking to hold guilty offenders accountable and deter drunk driving, they should keep punishments low and instead abolish the right to jury trials. Under the petty offense doctrine, the Supreme Court has authorized states to abolish jury trials when defendants face a maximum sentence of six months' incarceration. Social science evidence has long demonstrated that judges are more likely to convict than juries, particularly in drunk driving cases. And researchers have also found that the certainty …