Description
You are the presiding judge in a trial in which John Doe is charged with assaulting and injuring a man while outside a local fast-food establishment. The defense attorney has argued that Mr. Doe is a recovering alcoholic, having been treated in the SMART Recovery program. Mr. Doe has been engaged in controlled drinking for the past eight months, without incident. On the night of the offense, Mr. Doe returned home and fell asleep; in the morning, he had no memory of the offense for which he is charged or any aspect of the incident in question. Evidence that the offense was committed has not been contested.
Assess the usefulness of the SMART Recovery Program for treating Mr. Doe. Do you think that the principles of the program would be supportive of Mr. Doe? As the judge, would you reduce the sentence of Mr. Doe on the basis of the argument that there were mitigating circumstances? Support your answer with reasons from the text or outside sources using LIRN.
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