Abstract
Public intoxication, once a crime in virtually all states, is now being decriminalized by an increasing number of jurisdictions. The transition from a criminal justice model to a civil model is a legislated revolution. The old model existed because the public intoxication laws served to isolate and punish undesirables, confirm social norms, and provide a form of social welfare for the hapless. The new model, a social welfare model, favoring voluntary treatment and rehabilitation, reflects views that the old system was ineffective and that society can afford a humanitarian ethic. Whether the intentions of the new model will be realized remains an open question. The new model may be subverted by old goals and new problems. The outcome of the revolution is thus in doubt.
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