International Police Executive Symposium, Aug 10-14 2011, Karlskrona, Sweden Causing death in connection with a Motor Vehicle Accident (MVA) in Sweden: a content analysis of the Swedish case laws and doctrines Jörgen Lundälv, PhD, Associate Professor Dep of Social Work, Gothenburg University and Dep of Surgery, Umeå University Lars Olov Sjöström, PhD, The Swedish Abstaining Motorists´Association (MHF)

MVA in Sweden Motor vehicle accidents (MVA) – a major public problem. Strategies for accident prevention. Haddon´s matrix is an useful model. One of the major public health problems of our time is motor vehicle accidents (MVA), which claim many victims around the world. Society could undoubtedly prevent accidents and mitigate their consequences with more success than it has. This would require, however, a strategy that takes into account many factors. Haddon’s matrix is in this context an important and useful model for injury prevention.

The Haddon matrix Host factors (human) Vector factors (vehicle) Environmental factors (road network) PRE-CRASH CRASH POST-CRASH Yarnell,John (red.) (2007). Epidemiology and prevention. A system-based approach. Oxford: Oxford University Press.

Purpose The purpose of this study is to conduct a qualitative content analysis of the Swedish case law and doctrine in the area of political and public debate. The purpose of this study is to conduct a qualitative content analysis of the Swedish case law and doctrine in the area of political and public debate. Content analysis has been carried out in the form of an argument analysis in which we studied the submissions in a number of judgments that have been tried in the higher court in Sweden.

Sweden July 2011 - Call for compulsory rehab for drink drivers Radio Sweden International July 14 2011 http://sverigesradio.se/sida/artikel.aspx?programid=2054&artikel=4602313 A driver who caused a fatal collision recently, in the small southern town of Rydaholm, had been in court as recently as May this year. The Växjö court found him guilty of driving illegally, and driving while under the influence of alcohol and drugs. He had refused treatment and instead chose three months in jail. A spokesman for the liberal Folkpartiet wants to see longer prison sentences and compulsory treatment for those who keep on driving while under the influences. A news clip from Radio Sweden International:

Research question 1 1) to what extent has the jurisprudence and doctrine regarding causing death in connection with MVA changed over the period? What are the main arguments which can be identified in case law, doctrine and debates in the Swedish Parliament?

Research question 2 2) what injury prevention strategies and measures could be used to reduce the number of drunk-driving offenses where an MVA led to a person being killed (fatal accidents caused by drunk driving)?

Method and material Argumentation analysis includes legal cases that occurred in Sweden between 1997 and 2008. Laws, Judgements, Bills, Governmental inquries, News papers, Public and political debate.

Findings A significant change in law and doctrine. The minimum penalty value has risen. A tendency towards more stringent sentences, maximum sentences. The main finding of our study is that there has been a significant change in the law as well as in the doctrine concerning the crime of causing death in connection with an MVA, in Sweden. The minimum penalty value for causing death in connection with an MVA has risen significantly, partly due to the new tightening of the law, but also because of an expressed willingness on the part of The Swedish Prosecution Authority to apply the existing law more stringent

Findings Another finding is that there is a tendency to assess driving under the influence of alcohol or drugs as an aggravating factor in the crime causing death. Another finding is that there is a tendency to assess driving under the influence of alcohol or drugs as an aggravating factor in the crime causing death. This tendency appears, inter alia, in the 2001 amendment to the Swedish Penal Code regarding the crime causing death.

Argument analysis Arguments for and against a tightening of the law on causing death in an MVA in connection with drunk driving.

Arguments for: The public perception is that people who drink alcohol should not drive cars because of the risk of something happening. This view is clearly seen in the results of the Swedish Transport Administrations (STA)'s annual traffic safety surveys.

Arguments for: A person driving a motor vehicle under the influence of alcohol or drugs has taken a conscious risk that can lead to an accident with catastrophic consequences.

Arguments for: According to public opinion, it is clear that if you drive under the influence and so are indifferent to what might happen to someone else, the penalties should reflect this.

Arguments for: It would be better and easier if the legislation regarding causing death in vehicular traffic were placed in the Road Traffic Offences Act (SFS 1951:649) where other traffic regulations are located. This solution was suggested in the Legal Memorandum Ds 2006;7.

The arguments against: There is no real intent to kill or harm anyone.

Arguments against: The crime of causing death does not only occur in traffic. Any amendment of the law should therefore cover all the situations in which the law applies.

Arguments against: Because so few people, relatively speaking, are affected by this crime on the roads, no special law is needed specifically for vehicular traffic.

Injury prevention strategies Introduce a law on post-incident drinking. Change the normal sentence for serious drunk driving to a prison sentence. Tighten criminal penalties for the crimes of causing death and causing bodily injury or illness in connection with an MVA. A first preventive proposal would be to introduce a law on post-incident drinking in Sweden. A second preventive measure would be to change the normal sentence for serious drunk driving to a prison sentence. A third step would be to tighten criminal penalties for the crimes of causing death and causing bodily injury or illness in connection with an MVA.

Recommendation 1: Make it mandatory to conduct pre-sentence report investigations. Furthermore, one could make it mandatory for social workers to conduct pre-sentence report investigations in cooperation with other authorities after aggravated drunk driving incidents.

Recommendation 2: Try to establish a monitoring program at an early stage for people with alcohol problems. We believe that a good prevention measure would be to try to establish a monitoring program at an early stage for people with alcohol problems and to offer care and treatment.

Recommendation 3: Implementation of alcohol ignition interlocks (alcolocks). Another excellent tool for reducing the risk of injury and harm outcomes in conjunction with MVA in the community is, in our opinion, the use of alcohol ignition interlocks (alcolocks). The European Union has expressed its interest in using technical support systems such as alcolocks to improve road safety in Europe.

Alcolocks in Sweden In Sweden Alcohol interlocks are currently used in drink driving offender programs (so-called ‘secondary prevention’) and in commercial transports ( ‘primary prevention’). Today we have 75-80 000 alcolocks in Sweden.

Acknowledgement The Swedish Abstaining Motorists´Association (MHF) in Stockholm, Sweden. The Department of Social Work, Gothenburg University, Gothenburg, Sweden. The Department of Surgical and Perioperative Science, Unit of Surgery, Umeå University, Umeå, Sweden.

Thank you for your attention! Jörgen Lundälv, Gothenburg and Umeå: Jorgen.Lundalv@socwork.gu.se Jorgen.Lundalv@surgery.umu.se Lars Olov Sjöström, MHF, Stockholm Lars.olov.sjostrom@mhf.se