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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.”
For anyone battling with alcohol or drugs, there is help available. When you are really ready to stop, it is possible.
The Judge is pointing out that the defendant is the one responsible for his actions.
That's because it's hereditary.
Yes, and I think the judge is right. Alcohol and drugs are not an excuse for criminal behavior under any circumstances in my opinion.
From my experience with alcoholism I would have to say that it isn't a disease, but that's just me. In my case I managed to quit without treatement and all at once.
On the other hand I know plenty of people who just don't seem able to quit even with treatment programs. It's just totally out of their control.
It's not a disease, it's a lifestyle choice and response to
other psychological problems. Most alchoholics really don't like themselves.
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.
She is still competent in her job, don't promote her.
Alcoholism is a disease.
Being drunk is not.
I actually don't believe this either .... in the usual sense. It is "hereditary" in that kids of alcoholics tend to be alcoholics ... but that is mostly through learned behavior - much in the same way that most child abusers were abuses as children. There is no "child abuser" gene that I know of.
We've heard much about the "alcoholism gene", but i've seen offsping of alcoholics have no problem, and the offspring of tee-totalers have polydrug addictions including alcohol.
There is another theory that says that if your kid likes to spin and get dizzy until they fall down, this indicates that they have the "alcohol gene", and should be watched carefully for addictive behavior later in life.
I think most of it is nonsense. Some people enjoy the effects of alcohol more than other. Depressed people enjoy it more than non-depressed people. Anxious people enjoy it more than non-anxious people.
The "alcoholism gene" is usually a different inherited underlying problem such as depression and anxiety (which pre-disposes one to alcohol abuse) ... and is not a seperate gene in and of itself. I don't believe that people are born to crave alcohol, but that alcohol may treat underlying disorders that people are born with.
Then again, some people may say there is no difference. Though technically, there is.
Everyone is entitled to their opinion.
Indeed. Just a question, there is no right or wrong and I'm not arguing ... but of out of curiosity, do you believe there is a "gay gene"?
Whether alcoholism is a "disease" or not is irrelevant to the decision to drive a car while drunk.
Sober by the grace of God for 24 years, one day at a time.
And the Judge has what kind of medical degree?
Nor was I
... but of out of curiosity, do you believe there is a "gay gene"?
No, I do not. However, I also don't believe "gay" is a disease, either.
I don't think you can use one to prove/disprove the other, or to equate the two. That being alcoholism (a disease) & homosexuality (physiology). Mind you, this is just my opinion.
I understand. My point is just that we hear that there is a "gene" for just about everything and this and that is "hereditary".
It would be easy to pick and choose what "genes" we believe in, but in my opinion, people are able make their own decisions. Maybe there is a "crack gene" and a "methamphetamine gene" too. Who knows. But you can either use it or not. A disease implies the lack of a substance would kill or hurt you (like insulin to a diabetic, or thyroxin to a thyroid patient). Drug use just doesn't meet that definition, since not using the drug in and of itself will not hurt you.
People might be prone to alcoholism, but people are prone to other things to: lying, stealing, and cheating. IMHO, a "disease" is something you catch through no fault of your own. One becomes an alcoholic by drinking to much over a long period of time--initially, this is a conscious act rather than a compulsion. Alcoholism can be controlled & fought through the exercise of free will.
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