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Judge says alcoholism no disease
Fort Wayne Journal Gazette ^ | July 29, 2005 | Sara Eaton

Posted on 07/29/2005 5:37:23 AM PDT by RobFromGa

Judge says alcoholism no disease
Gull says attorney showed no evidence

The Journal Gazette

Gull

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.”


TOPICS: Culture/Society; Extended News
KEYWORDS: addiction; alcohol; alcoholism; ruling
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To: Texas Songwriter
Is a person who has never encountered alcohol afflicted with the disease of alcoholism? No.

Gee, thanks Doc. You should really put your research findings in JAMA.

261 posted on 07/31/2005 5:42:37 AM PDT by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it.)
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To: RobFromGa

I had the disease of smoking for 23 years. I've been disease free now for 7.

Of course I've a touch of the fat disease in my middle, too.


262 posted on 07/31/2005 5:50:02 AM PDT by azhenfud (This tagline is currently experiencing technical difficulties. Please stand by.)
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To: Glenn
Along your line of reasoning, one may then conclude there is a "gene" or "disease" as a root cause for propensities to engage in any behavior whatsoever - murder included.

More would agree irresponsible choice is the prime mitigating factor.

"It will amaze you what you might conclude."

Indeed, it is amazing what some have already. Blaming any and every thing EXCEPT personal choice and concluding the "victim" has no culpability will never help.

263 posted on 07/31/2005 6:06:35 AM PDT by azhenfud (This tag line is currently experiencing technical difficulties. Please stand by.)
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To: azhenfud
More would agree irresponsible choice is the prime mitigating factor.

Especially recovering alcoholics. They do not run from their current or past responsibilities. They do not make excuses to allow for mitigation.

The idea that alcoholism is a disease is not mutually exclusive with personal choice. If you are allergic to peanuts and choose to eat them anyway, you are responsiblie for the outcome.

264 posted on 07/31/2005 6:51:36 AM PDT by Glenn (What I've dared, I've willed; and what I've willed, I'll do!)
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To: Texas Mom
Most drunks do not get pleasure from drinking. Alcohol is an anesthetic and a crutch to many. They drink to pass out.Ask any alcoholic if they feel better when they drink they will probably tell you no. Many are depressed, and drink because of guilt, then they feel guilty about getting drunk. Many alcoholics are Bipolar, depressed, insecure, and have other problems and they self medicate. FACT.

Al-Anon taught you to accept this drunk's list of excuses? That is terrible! I couldn't think of anything more unhelpful than to teach a family to believe these blame shifting excuses.

What a perfect set up for a drunk to "relapse", having a family that believes the whole drunk excuse book, hook line and sinker.

265 posted on 07/31/2005 9:29:39 AM PDT by Reeses
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To: Reeses
Al-Anon taught you to accept this drunk's list of excuses? That is terrible!

You apparently believe that AA and Alanon are more of a problem than a help. It seems that your belief is so potent that it has caused you to be antagonistic toward AA and Alanon.

Why is that?

Have you directly assisted in helping an alcoholic (not just some one who drinks) to recover from the illness?

At times you seem to have been open minded, saying things to the effect, "If it works, then fine." However, the most forceful elements of your comments seems to hold that AA and Alanon are destructive. Or at least that the stated principles of these programs relating to the character of the illness are destructive.

266 posted on 07/31/2005 10:51:13 AM PDT by delacoert (imperat animus corpori, et paretur statim: imperat animus sibi, et resistitur. -AUGUSTINI)
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To: Texas Mom

With all due respect, lets agree to disagree. It's easier to be a drunk than to be sober. In some of my earlier responses, I was basically told to leave or that I was ignorant. What these "alcoholics" fail to understand is that they don't remember 3/4 or more of what they say or do while drunk... So i'm labled "ignorant" or in need of "help". It's much harder for the drunks family than it is for the drunk because we remember everything.
Then when they are sober and you tell them what they did, they deny it.
I do not dwell on the alcoholic. But when this "disease" thing comes up, I get quite mad. It would have done me no good to attend any of the alanon meetings because I would have been thrown out for telling them that they are FOS.
IMO, Alanon, alateen (or whatever) teaches lies. Drunks are told their disease is not their fault, etc etc. And their families are brain washed into believing the same.
Im glad it worked for you. Its alot easier for you to deal with drunks because you don't believe its their fault and if that works for you, then fine.
Ill stick to reality.


267 posted on 07/31/2005 2:23:20 PM PDT by SealSeven (Moving at the speed of dark.... Even "nothing" takes up space.)
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To: delacoert
I'd like help anyone quit drinking who's ready if what I have to say resonates on their wavelength. AA works for some people so I don't want to take that away. But many of the principles put forth by AA are counterproductive for someone truly wanting to quit for good. They prolong their misery, almost for the purpose of helping AA expand their organization without going too far killing their hosts. AA has a better track record for survival than of helping people stop drinking for good. The root problem is their member benefit of blame and responsibility shifting. This is very attractive to the drunk, so they are more than willing to buy in. But it doesn't help them move up, on and away from their problem. Talk about "relapse", "in denial", turning over a person's free will decision making to a deity in the sky, having to change their lifestyle to spend time with relapsing drunks they would never choose as their friends, is not for everyone.

Everyone that wants to should try AA. It may work for them. For most it does not. AA and the similar medical treatment industry are not the only answers out there. There is a way to put a person's drinking problem away quickly and for good. The first step is to stop blaming others and take personal responsibility for their own choices. It can be done because millions have done it. It's difficult to help someone in a few paragraphs but it's important for people to know that if AA doesn't work there are other options than returning to the bottle.

268 posted on 07/31/2005 2:55:17 PM PDT by Reeses
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To: delacoert
You apparently believe that AA and Alanon are more of a problem than a help. It seems that your belief is so potent that it has caused you to be antagonistic toward AA and Alanon.

I know this post wasn't directed at me, but I believe that AA and all "12 steps" programs are bullshit. You know, the reminds me. Penn and Teller did a special on Showtime about this very subject. I don't agree with them about much, but I thought they were spot-on with this one.

I know scores of "diagnosed alcoholics" I used to hang out with in college than can no socially drink with no problem whatsoever. Even though they have a casino-full of AA "chips". Heck, I even *cough*went*cough* went to a couple of meetings myself. Docs told me I was an alcoholic. Went to AA (where I could barely breathe due to the cloud of smoke). There, I had to declare myself "powerless" of alcohol and a bunch of other stuff. Problem is, I wasn't. I just really, really liked to drink at that point in my life. Now I can throw back a brew or 10, or abstain for years altogether. Not a problem. The "12 sizes fits all" aporach to these programs is nonesense, IMHO.

Does anyone remember that term the coined a few years ago ... "weekend alcoholics". Um, yeah, most addicts can wait five days for a 2 day fix". I mean, whatever they think will fly with the sheep, they'll give wings and push off a cliff.

269 posted on 07/31/2005 7:25:25 PM PDT by Stu Cohen (Press '1' for English)
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