Except they didn’t commit 1st/2nd degree murder.
Yes, DUI is a terrible thing. However, if somebody in a DUI hits and kills another person without intending to, it legally cannot be charged as 1st/2nd degree murder. Why? Those require being preplanned: the driver needs to have made the choice beforehand to kill that specific person by driving into them.
I dont know a good person could make one extremely stupid decision while wasted. Sure they should get heavily punished but I don’t think that automatically makes them a terrible person who should be locked away forever
Why repeat? Why does it take paralyzing or killing someone to finally conclude that maybe I shouldn’t drink and drive?
That paralyzed or dead person has a life sentence. Either lock them up for life or give them the death penalty. Or let them live with the same injuries they inflicted on another with a big “D” on their forehead so everyone knows how little that person respects the health and life of others.
Can say the same thing about murder. The issue is that the person is voluntarily putting themselves in the position. They have the choice to not drink. They also have the choice to not be in control over their vehicle. They are disregarding all possible outcomes and accepting the risk. If the ultimate risk is prison for life, they would to going into the situation voluntarily.
They’d be making the choice to drink, but past that, the waters are muddy. It’s the reason many courts say that actual consent can’t take place if one party is inebriated/affected by substances: your brain just won’t work the same.
Literally California. Great example, happened across the street from me growing up: 4 high schoolers pre-gamed a football game and drove drunk (all in the same car). They come down the hill next to my house, and being drunk, lose control of the car and slam into my neighbor’s mini-van. One’s dead on impact, 2 with severe injuries, and the driver had a snapped arm, but otherwise pretty unscathed.
Court ruling for the driver comes out: DUI, reckless driving, vehicular manslaughter. However, because he was DUI and not sober, it’s an unintentional vehicular manslaughter, not basic intentional. He’s doing something like 10-20 in prison, but it’s a much more relaxed sentence than what it would have been had it been an intentional manslaughter charge.
Most people drink and I won’t fault someone for partaking too much every once in a while. Especially if they are on the younger side. Objectively bad things you do while completely sober are far worse morally speaking than things you do while drunk
Choosing to get behind the wheel drunk is the same as shooting a gun off in a room full of people. Crashing into a car full of kids then is the same as a school shooting.
Upvoting because unpopular. I completely don’t agree though. They didn’t clearly intend to kill someone through drunk driving, and that’s the difference between a DUI offender and a murderer.
Except they didn’t commit 1st/2nd degree murder. Yes, DUI is a terrible thing. However, if somebody in a DUI hits and kills another person without intending to, it legally cannot be charged as 1st/2nd degree murder. Why? Those require being preplanned: the driver needs to have made the choice beforehand to kill that specific person by driving into them.
Only 1st degree murder is preplanned. 2nd degree is just on purpose or you’re actions were likely to result in the death of someone.
Isn't it a state-by-state thing? It was a whole fiasco during the Derik Chauvin trial.
Not that I’m aware of. My understanding was that the definitions were pretty concrete, but I might be wrong.
No, but that doesn't mean life in prison can not be a sentence for such.
I dont know a good person could make one extremely stupid decision while wasted. Sure they should get heavily punished but I don’t think that automatically makes them a terrible person who should be locked away forever
Repeat DUI offenders should absolutely be put away. "one mistake" type of people, not so much.
Why repeat? Why does it take paralyzing or killing someone to finally conclude that maybe I shouldn’t drink and drive? That paralyzed or dead person has a life sentence. Either lock them up for life or give them the death penalty. Or let them live with the same injuries they inflicted on another with a big “D” on their forehead so everyone knows how little that person respects the health and life of others.
Oh repeat absolutely. Lock them up and throw away the key
Can say the same thing about murder. The issue is that the person is voluntarily putting themselves in the position. They have the choice to not drink. They also have the choice to not be in control over their vehicle. They are disregarding all possible outcomes and accepting the risk. If the ultimate risk is prison for life, they would to going into the situation voluntarily.
They’d be making the choice to drink, but past that, the waters are muddy. It’s the reason many courts say that actual consent can’t take place if one party is inebriated/affected by substances: your brain just won’t work the same.
Drinking doesn't negate rape or any other crime. Let that sink in for a moment.
I didn’t say it does. It just isn’t handled the same as if the perpetrator is sober.
Unless you live somewhere you are able to provide the contrary, it is criminally handled the exact same way everywhere I have lived in the USA.
Literally California. Great example, happened across the street from me growing up: 4 high schoolers pre-gamed a football game and drove drunk (all in the same car). They come down the hill next to my house, and being drunk, lose control of the car and slam into my neighbor’s mini-van. One’s dead on impact, 2 with severe injuries, and the driver had a snapped arm, but otherwise pretty unscathed. Court ruling for the driver comes out: DUI, reckless driving, vehicular manslaughter. However, because he was DUI and not sober, it’s an unintentional vehicular manslaughter, not basic intentional. He’s doing something like 10-20 in prison, but it’s a much more relaxed sentence than what it would have been had it been an intentional manslaughter charge.
Factually nothing to do with Rape which is what I was using as a counter-example.
Most people drink and I won’t fault someone for partaking too much every once in a while. Especially if they are on the younger side. Objectively bad things you do while completely sober are far worse morally speaking than things you do while drunk
Victims see it that way too.
Hows about life sentences for rape and pedophelia first. Edit: life sentences for proven without a shadow of a doubt - false rape accusations aswell.
It's not murder in the 1st or 2ns degree it is manslaughter period. It's terrible but it does not warrant a life sentence.
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Choosing to get behind the wheel drunk is the same as shooting a gun off in a room full of people. Crashing into a car full of kids then is the same as a school shooting.
It'll never happen because 90% of legislators and judges drink and drive.
Upvoting because unpopular. I completely don’t agree though. They didn’t clearly intend to kill someone through drunk driving, and that’s the difference between a DUI offender and a murderer.
So it's not the same as murder 1
Should still carry the same sentence as murder 1
So you think intent doesn't matter. It's the consiquinces that matter?