Thursday, October 17, 2019
Can a judge order a convicted drunk driver to attend weekly Alcoholics Essay
Can a judge order a convicted drunk driver to attend weekly Alcoholics Anonymous (AA) meetings over the course of one year as a condition of probation for drunk driving - Essay Example In case the defendant violates probation, a one month jail term is imposed depending on the original sentencing. However, the state implemented the law of AA as an effective amendment for providing spiritual revelation to the drunk drivers. AA offers the defendant spiritual education programs in order to help the drunk driver to stop drinking (Smith 299). Drunk drivers are given AA as an alternative for going to jail and this takes place after carrying out alcohol screening test. The court does not put the offender directly to AA, but they are sent to the probation officer or a counselor first. The counselor will carry out screening test in order to determine the drinking pattern of the offender. The results will enable the officer to determine the drinking level and then make a decision of sending the offender to the Alcoholic Anonymous. This alternative probation to jail was seen effective because it reduces the costs of maintaining the offenders in jail. The government may violate the freedom of religion, equal protection and due process by holding the court hearings in a church as seen under the First Amendment. Under the First Amendment rights, the church was given freedom and the constitution protects the rights of the church (Smith 301). The church was separated from the state and given the freedom to exercise their rights. Holding court hearing in a church is deemed as the violation of freedom of religion and speech. This is because the First Amendment clause aimed at separating the church from the state. The central government does not have the authority to engage in church matters.