View Poll Results: How should drunks be charged?

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  • First degree murder

    5 10.20%
  • Second degree murder

    8 16.33%
  • manslaughter

    28 57.14%
  • Other

    8 16.33%
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Thread: Drunk Drivers

  1. #91
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    Re: Drunk Drivers

    Quote Originally Posted by evanescence View Post
    How should they be charged?

    I'm leaning towards first degree murder. They are clearly scum of the earth who are unworthy of life.
    Involuntary Manslaughter. Getting into a car drunk is not an preplanned attempt to murder.Its not even an at the moment attempt to take someone's life. It is the result of carelessness or an accident.

    In the US, what is the difference between the various murder charges (i.e. manslaughter, first degree, second degree, etc)? | Answerbag
    First Degree Murder is the deliberate, planned act of Murder. One must have thought about it, (even for a short time) planned the murder and executed it. FDM are often proven not only because of planning of the murder itself, but also other factors like having a place to hide or get rid of the body, having an escape planned, ETC.

    A First Degree Felony murder is a murder that takes place while committing a felony, even if the murder is accidental. This happens most often in things like Arson, Kidnapping, Rape, ETC.

    Second Degree Murder appears to be any other type of murder (Other then Capital Murder) Generally speaking, an example of this would be a murder that happened very quickly without fore-thought. (IE; a verbal fight that escalates to a fist fight that escalates to murder) It�s very similar to Manslaughter, and some States do not differentiate between SDM and Manslaughter.

    Manslaughter is broken in to two parts.

    Voluntary Manslaughter is when a murder is committed in the �Heat of the moment.� That is, there is no fore-thought and usually no attempt to hide after the fact. The intent to kill was present at the time of the killing, but in no way planned.

    Involuntary Manslaughter is when a murder is committed with no fore-thought and again, usually no attempt to hide after the fact, and the intent to murder was not present. Such as getting in to a bar fight and punching someone in the nose, there by sending bone fragments in to their brain and killing them, ETC. It is also most often used as a charge in cases of Negligence. (Careless Driving, ETC)
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

    Cicero Marcus Tullius

  2. #92
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    Re: Drunk Drivers

    If I had to venture a guess, I would suspect that part of the reason that DUIs are still so emotional for us is precisely the lack of consistency in dealing with them. The punishments really run the gamut. I have no doubt that we have heard of the person who was just arrested for their 19th DUI... 19!!!!... and we wonder, "Why the eff are they not in prison, let alone still driving at all?". At the other end of the spectrum, we've all probably also heard of the person who got their first DUI and got a year or two in jail. And every conceivable level of punishment in between.

  3. #93
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    Re: Drunk Drivers

    If they kill someone, that's involuntary manslaughter. If they didn't kill or injure anyone, that's a DUI and they should be charged as such.

    The legal limit should also be changed from .08 in most places to .12. Impairment begins at .12 to .15. The changing to .08 was nothing more than "feel like we're doing something" legislation and has done nothing at all to catch more drunks.

  4. #94
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    Re: Drunk Drivers

    Quote Originally Posted by jamesrage View Post
    A First Degree Felony murder is a murder that takes place while committing a felony, even if the murder is accidental. This happens most often in things like Arson, Kidnapping, Rape, ETC.
    I largely agree with everything you said in the post to which I'm responding (which is why I "liked" it), but wanted to talk a little about felony murder. You're right about all of the above quoted text, but to be clear, felony murder also includes murders committed by bystanders and victims of certain crimes.

    For example, say a guy walks into a convenience store with a gun, holds up the shopkeeper and demands the money in the register (which is, obviously, armed robbery). The shopkeeper pulls out a gun of his own and shoots at the robber, but accidentally hits and kills his own wife, who had been shelving magazines on the other side of the store. The robber is on the hook for felony murder of the shopkeeper's wife, even though the shopkeeper fired the gun that killed her.

  5. #95
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    Re: Drunk Drivers

    Quote Originally Posted by MaggieD View Post
    I vote we require all three-time DUI offenders' cars like pink zebras. Oooo! And with reflective paint. We may as well know what we're dealing with.
    Looks like you won.......Ohio's DUI plate.




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  6. #96
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    Re: Drunk Drivers

    Quote Originally Posted by evanescence View Post
    How should they be charged?

    I'm leaning towards first degree murder. They are clearly scum of the earth who are unworthy of life.

    I have a question for you If I may, should people that kill driving that are high on weed be charged the same as drunk drivers and individuals that kill while texting while driving....should they be charged the same as well....after all murder is murder right ?

  7. #97
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    Re: Drunk Drivers

    Well seeing as how justice departments vary state by state, I would consider Manslaughter a proper charge, whether it be vehicular or involuntary. I also believe that, maybe, these sentences should be reworked. Instead of sending a person to prison, for a maximum of 10 years in Idaho's law, we should take a look at the individual and if he is an alcoholic, he should resolve his issues before returning to society.
    I'm coming to see that no matter what law we regulate, be it the stand your ground act, there is never an objective morally right answer to any morale question; in fact, since there are multiple objectively right answers to every moral question that leaves us with a lot of grey area and a lot of black area (not in the racial since).
    -Jryan

  8. #98
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    Re: Drunk Drivers

    Quote Originally Posted by radcen View Post
    If I had to venture a guess, I would suspect that part of the reason that DUIs are still so emotional for us is precisely the lack of consistency in dealing with them. The punishments really run the gamut. I have no doubt that we have heard of the person who was just arrested for their 19th DUI... 19!!!!... and we wonder, "Why the eff are they not in prison, let alone still driving at all?". At the other end of the spectrum, we've all probably also heard of the person who got their first DUI and got a year or two in jail. And every conceivable level of punishment in between.
    Right, I also find that we don't take a look at the individual when finding an appropriate punishment. Obviously someone that has two DUI's has an alcohol problem (Nevermind 19).
    I'm coming to see that no matter what law we regulate, be it the stand your ground act, there is never an objective morally right answer to any morale question; in fact, since there are multiple objectively right answers to every moral question that leaves us with a lot of grey area and a lot of black area (not in the racial since).
    -Jryan

  9. #99
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    Re: Drunk Drivers

    Quote Originally Posted by MaggieD View Post
    I vote we require all three-time DUI offenders' cars like pink zebras. Oooo! And with reflective paint. We may as well know what we're dealing with.
    Ahh, the ol' scarlet letter huh?

    I vote we don't implement such silly nonsense.
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

  10. #100
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    Re: Drunk Drivers

    Quote Originally Posted by Kandahar View Post
    Just want to make sure that none of the people calling for the heads of drunk drivers have ever done it themselves.
    0.05 BAC. In most states that kicks off the bottom rung DUI charges. Lots of people like to think that they've never drank and drive, but many of those people have driven drunk.
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

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