4 ms·
Killing someone while drunk should be considered premeditated. Are you suggesting that in 100% of the cases where killing someone (and I assume this includes m
by sgrove 17y ago
Killing someone while drunk should be considered premeditated.
Are you suggesting that in 100% of the cases where killing someone (and I assume this includes manslaughter) is premeditated?
Because if you are not, then it should not be considered premeditated. That's dishonest. Simply give the judge some additional window to affect sentencing for a set of crimes committed while intoxicated.
If you want to punish something more strongly because doing so would lead to beneficial behavior from citizens, then by all means do so. But call it what it is, don't hijack other unrelated factors for your own means.
- protomyth 17y agoI really don't think its "dishonest". No, I am not say 100% cases of killing someone are premeditated. Accidents happen. Bad things go wrong in worse ways. That being said, I believe if you knowing impair your ability to make judgements and then kill or injure someone, you made a conscious decision. Now, if you frame this in some "mandatory minimum" debate, I am definitely not going there. I still believe judges need their leeway, but prosecutors need to charge the crime as something more than a simple "he was drinking and an accident happened".
- CWuestefeld 17y agoWhat makes you think they don't? I have a good friend who was smart enough not to get into the drunk guy's car (leaving a fraternity party) and followed on his own. Thus, he was the first person on the scene after the accident. He wound up being a witness against the driver in a homicide trial. So at least in the State of New York, you can be tried for manslaughter when your drunk driving results in someone's death.
- protomyth 17y agoDepends on the state. Some have stricter laws, but I have seen enough cases of repeats and lax state laws.