 |
|
Gull |
Posted on 07/29/2005 5:37:23 AM PDT by RobFromGa
|
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.”
Good analogy.
They should be made to go back to work, and taken off the dole. Once an alcoholic/addict quits using they are fully capable of having a normal life. I would suspect that most of the people using addiction as a reason for disability are still using, and we should not pay for such behavior with handouts. Unfortunately you cannot make someone want to quit, so making "recovery" a requirement for disability payments is not a good approach.
I don't know the answer to this problem, I suspect it is through faith-based charitable organizations who are able to examine each individual case and help the people.
An extreme desire to learn to ferment canned food into something to get drunk on? Like they do in prison, and on M*A*S*H...
Alcoholism is a sin. Just like any other sin, it holds us in bondage, and we cannot escape.
Only the power of the Holy Spirit can break the bondage of sin, and that will only happen when we have faith in Jesus Christ, and his sacrificial, atoning death for us on the cross.
This applies to every person, and sin of any description.
John 8:36
If the Son therefore shall make you free, ye shall be free indeed.
Why is this important? Do you think there are levels of withdrawal symptoms?
I personally "tried" to quit or control my drinking at least 100 times using various methods, none successful. I succeeded when I made the decision to stop "trying" and to "do" it. I succeeeded (for now). I know I can't drink again and my intention is that I won't.
Am I a drunk or an alcoholic? Does it matter?
In your scenario it is still a personal decision that one makes. It is not forced upon them, each individual makes a free choice to ask for help. I choose to think that God granted us the tools to control our bodies and minds if we choose to utilize them, just like he gave us the power to recognize good and evil. Forgiveness for one's actions is another topic entirely.
A person can not refuse to have cancer.
Which IS a disease.
By my definition you were a drunk if you had no physical withdrawl symptoms. Congratulations on quitting.
Like so many other things, lawyers have concocted to shift blame for criminal behavior in order to free their clients from personal responsibility. The cure for this sickness is dont drink alcohol.
It is a failing of the human character. Do you call people who are in Overeaters Anonymous sinners?
Some are, some aren't. Are they any less happy than obese people? Any less happy than smokers? Any less happy than a person with an abusive spouse? Is anybody really happy?
I think they are probably like the rest of the general population as far as happiness goes.
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?
Actually, the overhwleming prevelance of alcohol (I have three stores that sell liquor within 100 yards of my place) ... prevents on from have to "think about where they will get their next drink".
This is what seperates the "evil druggies" from the "legal alcoholics". The problems of the former are greatly exercerbated by procurement, while the problems of the latter are not.
It's really not difficult to be a functional alcoholic in modern society. It all depends on how one deals with their addictions, and some actually do deal with them successfully throughout their (often long) lives.
Actuall, type II, or adult onset diabetes can also be controlled by lifestyle changes. In some cases it will go into spontaneous remission.
I seriously doubt that. I have yet to know anyone that said they were happier when drunk/active as opposed to sober. "My best day drunk was still worse than my worst day sober" is a very common comment heard from sober people.
... prevents on from have to "think about where they will get their next drink".
I wasn't talking about a tactical problem. I was speak about the craving and how it take over almost all of your thought processes.
Your ignorance is only exceeded by you lack on knowledge about the nature of the subject about which you are speaking (your ignorance).
I Drank for Courage... and woke up night after night horrified.
I Drank for Sophistication... and became crude.
I Drank to find Peace... and ignited a war within myself.
I Drank to be Friendly... and became argumentative and nasty.
I Drank to be Sexy... and turned people off.
I Drank so that I could Relate to Others... and I babbled.
I Drank to put down Loneliness... and found myself retreating more and more into my shell.
I Drank to Relax... and woke up tense.
I Drank to be Entertaining... and became an obnoxious clown.
I Drank to Live More Fully... and contemplated suicide.
I Drank for Adventure... and discovered disaster.
I Drank to be more Honest... and insulted my friends.
I Drank to Quiet my Nerves... and woke up with hangover jangles.
I Drank to Feel Better... and ended up sick and throwing up.
I Drank to have Fun... and passed out in the middle of the party.
I Drank to Pep Myself Up... and ended up exhausted.
I Drank to feel Successful... a Big Shot... but ended up a failure.
I Drank for Security... and became afraid of my shadow.
I Drank to Feel Better about Myself... and ended up hating me.
I Drank to prove I could handle Alcohol... and ended up knowing it controlled me.
A Friend asked...
"But surely, now that you've been Sober awhile, it would take a lot of alcohol to put you back in that condition."
"Just One Drink," I answered!
~Author Unknown~
Alcoholism is a disease and it kills. It is also a family disease because everyone is effected by the alcoholic.
Thank God for Al-Anon for people who have someone they love who is an alcoholic and you're watching, powerlessly while they die.
Everyone seems to be an expert on the subject.
I think that's part of it.
I seek only to dispel ignorance. As long as there is a stigma attached to being an alcoholic, many who need the AA program will be reluctant to seek help. They will try everything in the book to try to deny their illness, prolonging the agony far beyond what is necessary.
Ignorance and bias can kill.
AMEN! God Bless!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.