Reader’s Question:

Hi. I just moved here in Kentucky and in the state that I came from, shock probation law apply in DUI cases. I just want to know if that also applies here. Does the state of Kentucky have shock probation law even in fatal DUI cases?

Allyson

Fayette, KY

The state of Kentucky has shock probation laws that give judges the power to decide whether offenders should be placed on probation or set free from their prison sentences. Shock is actually a legal theory which asserts that the person has been traumatized by immersion in the penal system that he or she has been scared straight and will not commit the crime again.

An example of this is when a person commits a mistake of driving under the influence of drugs and alcohol and is in an accident that kills a fellow driver on the road. The convicted DUI offender could be released from a prison sentence under shock probation laws.

A more shocking truth is that shock probation law has been applied to fatal DUI cases in Kentucky. Oppose parties of this law said that this should not apply to felonies but is alright for misdemeanors.

Defenders of shock probation said that this law is significant for many young DUI offenders who have made a mistake and do not have any previous criminal history.