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Gull |
Posted on 07/29/2005 5:37:23 AM PDT by RobFromGa
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During a sentencing Thursday in Allen Superior Court involving a drunken driving fatal crash, Judge Fran Gull said alcoholism is not a disease – a comment that contradicts the beliefs of much of the medical field.
Gull later defended her statement, saying she was referring specifically to the case at hand.
Gull, who is one of three criminal judges for the court, also oversees drug court – a program that began in 1997 aims to rehabilitate non-violent offenders with drug and alcohol addictions through 12 to 18 months of intensive supervision and treatment. Participants must take other steps to improve their lives, and if they remain substance free, their criminal charges are dismissed.
Before Gull sentenced Todd Anthony Bebout, defense attorney Mitch Hicks asked Gull to consider Bebout’s disease, referring to his addictions to alcohol and drugs.
“He had opportunities to rehabilitate himself, but it’s a disease. It’s not only a matter of wanting to quit,” Hicks argued. “Well, you are the drug court director, you know.”
Minutes later, while reviewing what she would consider in sentencing, Gull said Bebout didn’t have a disease.
“It’s not a disease,” she said. “People say that time and again, but it’s not.”
Gull continued by explaining that the man had a choice, and his choices led to the death of a woman. She also emphasized the man’s failed attempts at rehabilitation through the criminal justice system over the years, which included counseling, probation and intensive treatment.
Alcoholism is recognized as a disease by both the American Medical Association and the National Institute on Alcohol Abuse and Alcoholism, which is responsible for 90 percent of the nation’s research on alcohol addiction, spokeswoman Ann Bradley said.
It’s a disease that involves compulsive use that cannot be controlled until the alcohol or addictive substance is removed, Bradley said.
The symptoms of the disease, according to the institute’s Web site, include craving alcohol, loss of control, physical dependence and tolerance. Those afflicted by the chronic disease can experience withdrawal symptoms, such as anxiety, sweating, shaking or nausea.
Bradley said alcoholism is considered a brain disease and that there are medications available to help alcoholics. The difference between the addiction being a disease and a bad choice is the loss of control over how much one drinks.
When questioned about the comment later in the day, Gull defended her statements made in court. She said her comment was referring specifically to that case only. She said the attorney who brought up Bebout’s addictions invited her to comment about the situation.
“He invited me to consider it as a mitigating circumstance for sentencing,” Gull said. “But there was no evidence to show that it was a disease.”
Gull said she would have considered it had Hicks presented a medical diagnosis to establish his client’s disease. Although she did not ask for such evidence during the hearing or even mention that it was lacking, Gull later noted in a sentencing order that the argument was not supported.
Addiction doesn’t necessarily mean disease, she said, and part of the problem is the lack of consistent information, saying that the topic is still debated among various professional fields.
There are times when Gull has received medical information supporting that an offender has an addiction that has been diagnosed as a disease, she said. In those situations, which do arise in drug court, she orders the offender to follow doctor’s orders and makes that a requirement of participation in the program.
“I very specifically considered what I had in front of me,” she said. “There wasn’t anything that supported it.”
But, are they happy? I doubt it. Would you be happy spending every waking moment thinking about where you are going to get the next drink while you are "functioning" as an alcoholic?
To those who believe "Alcoholism" is a disease, BS.
To those who believe "Alcoholism" is hereditary, BS.
I have absolutely NO compassion for drunks.
Drunks drink because they like the feeling it gives them. They could give a crap less as to what they are doing to their families.
Flame away, I lived in this hell for 20 years with a drunk father.
I don't speak out of ignorance. Telling a drunk he has a "disease" only further justifies their use of alcohol.
You are right. My brother only got sober after he ran afoul of the law. Sober 10 years and counting.
Actions do, and should, have consequences.
"But, are they happy? I doubt it. Would you be happy spending every waking moment thinking about where you are going to get the next drink while you are "functioning" as an alcoholic?"
Give me a fargin break. Drunks will find a way to drink even if it means putting it in a coke can, Mcdonalds cup, etc.
"Did they not like themselve before or after they started drinking?"
Who cares?
"A lifestyle choice? Do you think they got up one morning and decided to become an alcoholic?"
No. They drink because they have no personality. They are drunks because they are weak minded and cowards.
You are aco-dependent, with just as much a disease of the soul as your father had. I feel sorry for you.
What a load of BS. I know what drunks are and call it like it is.
Are you a drunk?
I will say this. I am married with two kids. One thing i've learned in life is HOW NOT to treat your kids. My father taught me alot as far as that was concerned.
All you seem to know is anger, and I have been in recovery for nearly 25 years.
Anger? Naw. Infuriated? You betcha!
Drunks ruin the lives of everyone around them and they could care less. There is no reason for drunks being they way they are.... Only excuses.
My personal experience can be found at the bottom of my home page or in this thread I started in Dec 2004 If You Suspect You Might Have A Drinking Problem (An Open Letter) There are three "chapters" spread throughout that thread, they are all together on my home page.
That thread led to the Addiction Recovery ping list, and when I saw this article this morning I thought it would spark some lively discussion, and it has.
Thanks for your contributions to the liveliness of this thread.
They got up one morning and decided to get drunk.
Sorry. Your hate clearly has poisoned your ability to see reason.
What the heck does that mean?
So, everyone who doesn't drink is strong willed and brave?
"Sorry. Your hate clearly has poisoned your ability to see reason."
On the contrary. There is no reason in getting drunk.
"So, everyone who doesn't drink is strong willed and brave?"
No. They just don't allow their lives to be ruled by alcohol.
Not everyone who is weak minded and cowards are drunks. But ALL drunks are.
Find another corner of the Internet to piss all over, people here are trying to improve their lives and it's hard to concentrate with all your giberish spewed all about.
"Find another corner of the Internet to piss all over, people here are trying to improve their lives and it's hard to concentrate with all your giberish spewed all about."
Gibberish? You need to stop thinking of yourself and start thinking of your family (if you have one). You ever been on the receiving end of your types temper?
Were you thrown out of the house at 6yoa by your type? etc ad nausium -
Do you have kids? Take my advice, Take Heed my "gibberish" else they will be as pi**ed as I am at your type when they grow up.
I must digress.............
With all due respect, sir. you can KMA
I don't know if anyone has brought this up, but there is mounting evidence that show the chemistry and physical aspects of the brains of addicts are different than non-addicts.
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