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Posted on 7/3/19 at 11:28 am to momentoftruth87
Fair enough.
Posted on 7/3/19 at 12:31 pm to SSpaniel
quote:
Let's see, he killed two people. So at least 30 or 40 years sounds about right. I'd prefer he never get out, but that's just me.
This is what happens when you react with emotion instead of thinking logically.
Throwing a dumb kid into prison for life accomplishes absolutely nothing positive. It wont bring anyone back. It will end up costing taxpayers an unknown amount to house him for 50 years. And it allows no chance for anything good to ever come from this terrible situation. Saying throwing him in prison is the easy, kind of lazy solution.
Posted on 7/3/19 at 12:57 pm to EarlyCuyler3
quote:
Throwing a dumb kid into prison for life accomplishes absolutely nothing positive.
It punishes him for killing two people.
Posted on 7/3/19 at 1:08 pm to auzach91
quote:
I think this is the first Ive ever agreed with you
That means you’re learning
Posted on 7/3/19 at 1:08 pm to EarlyCuyler3
quote:
Saying throwing him in prison is the easy, kind of lazy solution.
Let's say a driver is barreling down a road, ignores a flashing light school bus, and your kindergarten age child is run over and she is killed.
You're ok with letting him go, because imprisoning him is too lazy of a solution?
Posted on 7/3/19 at 1:10 pm to EarlyCuyler3
quote:
This is what happens when you react with emotion instead of thinking logically. Throwing a dumb kid into prison for life accomplishes absolutely nothing positive. It wont bring anyone back. It will end up costing taxpayers an unknown amount to house him for 50 years. And it allows no chance for anything good to ever come from this terrible situation. Saying throwing him in prison is the easy, kind of lazy solution.
One wonders how far you’re willing to stretch that logic.
Look, most here agree that there’s little justice to be found here, but some kind of punitive action is absolutely necessary.
Posted on 7/3/19 at 1:12 pm to SSpaniel
quote:
It punishes him for killing two people.
At this point no one knows whether he fell asleep, had a seizure, or exactly what happened. The report says he had marijuana in his system. Could have been from weeks ago, and he obviously didn’t intentionally kill them. Would you feel the same way if were your son/dad behind the wheel. I think not.
Posted on 7/3/19 at 1:13 pm to SSpaniel
quote:
It punishes him for killing two people.
You think there's any greater punishment than living the rest of your life with the weight of killing two innocent people?
This post was edited on 7/3/19 at 1:14 pm
Posted on 7/3/19 at 1:17 pm to Bigbens42
quote:
One wonders how far you’re willing to stretch that logic.
Depends on intent, doesnt it?
I never said no form of punishment, I was replying to the "throw him in for life" commentors. Our population/incarceration ratio is the world leader by far and we still have a high crime rate. Logic dictates it isnt working.
Posted on 7/3/19 at 1:18 pm to EarlyCuyler3
quote:
Depends on intent, doesnt it?
I never said no form of punishment, I was replying to the "throw him in for life" commentors. Our population/incarceration ratio is the world leader by far and we still have a high crime rate. Logic dictates it isnt working.
I missed that. Mea culpa.
Posted on 7/3/19 at 1:21 pm to Bigbens42
No worries. I should probably bow out anyway at this point. No one ever changes their mind in these things and even if they did, it still doesnt change anything.
Posted on 7/4/19 at 11:15 am to Cobb Dawg
So you wish for a stroke to add to your cancer. Makes sense.
Posted on 7/5/19 at 7:12 am to jimdog
quote:
So you wish for a stroke to add to your cancer. Makes sense.
I’m sure that made some kind of sense in your head.
Posted on 7/5/19 at 8:19 am to Cobb Dawg
Driving-Related Homicide Charges
All homicides involve the unlawful killing of another person. The difference between the three types comes down to the mental state of the defendant. Here’s how negligent homicide, manslaughter, and second-degree murder are defined in Alabama.
Negligent homicide. A motorist can be convicted of negligent homicide for causing the death of another person while driving in a criminally negligent manner. A person acts with criminal negligence by unknowingly doing or failing to do something that creates a substantial and unjustifiable risk to others. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would use in like circumstances.
Manslaughter. A motorist who kills another person while driving “recklessly” can be charged with manslaughter. A person acts with recklessness by knowingly doing or failing to do something that creates a substantial and unjustifiable risk to others. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would use in like circumstances.
So the difference between negligence and recklessness—and therefore between negligent homicide and manslaughter—is whether the defendant was aware of the risk created by the conduct. Generally, a person who was aware of but disregarded the risk is guilty of manslaughter, whereas a person without such awareness is guilty of negligent homicide.
Second-degree murder. A person commits second-degree murder by recklessly engaging in conduct that creates a “grave risk of death” to another person under circumstances that show an “extreme indifference to human life.”
The difference between manslaughter and second-degree murder is a matter of degree. And the dividing line isn’t always clear. However, in general, second-degree murder requires proof of a more culpable mental state than recklessness (the mental state for manslaughter).
Vehicular Homicide Penalties
The consequences of a driving-related homicide conviction depend on the circumstances. But generally, the possible penalties are:
Negligent homicide. Generally, negligent homicide is a class A misdemeanor and carries up to a year in jail and a maximum $6,000 in fines. However, a negligent homicide offense involving a violation of Alabama’s DUI (driving under the influence) or BUI (boating under the influence) is a class C felony. Convicted motorist face up to one year and one day to ten years in prison and up to $15,000 in fines.
Manslaughter. Manslaughter is a class B felony. A conviction carries two to 20 years in prison and six months in prison and up to $30,000 in fines.
Second-degree murder. Second-degree murder is a class A felony. Convicted drivers are looking at ten years to life in prison and up to $60,000 in fines.
All homicides involve the unlawful killing of another person. The difference between the three types comes down to the mental state of the defendant. Here’s how negligent homicide, manslaughter, and second-degree murder are defined in Alabama.
Negligent homicide. A motorist can be convicted of negligent homicide for causing the death of another person while driving in a criminally negligent manner. A person acts with criminal negligence by unknowingly doing or failing to do something that creates a substantial and unjustifiable risk to others. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would use in like circumstances.
Manslaughter. A motorist who kills another person while driving “recklessly” can be charged with manslaughter. A person acts with recklessness by knowingly doing or failing to do something that creates a substantial and unjustifiable risk to others. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would use in like circumstances.
So the difference between negligence and recklessness—and therefore between negligent homicide and manslaughter—is whether the defendant was aware of the risk created by the conduct. Generally, a person who was aware of but disregarded the risk is guilty of manslaughter, whereas a person without such awareness is guilty of negligent homicide.
Second-degree murder. A person commits second-degree murder by recklessly engaging in conduct that creates a “grave risk of death” to another person under circumstances that show an “extreme indifference to human life.”
The difference between manslaughter and second-degree murder is a matter of degree. And the dividing line isn’t always clear. However, in general, second-degree murder requires proof of a more culpable mental state than recklessness (the mental state for manslaughter).
Vehicular Homicide Penalties
The consequences of a driving-related homicide conviction depend on the circumstances. But generally, the possible penalties are:
Negligent homicide. Generally, negligent homicide is a class A misdemeanor and carries up to a year in jail and a maximum $6,000 in fines. However, a negligent homicide offense involving a violation of Alabama’s DUI (driving under the influence) or BUI (boating under the influence) is a class C felony. Convicted motorist face up to one year and one day to ten years in prison and up to $15,000 in fines.
Manslaughter. Manslaughter is a class B felony. A conviction carries two to 20 years in prison and six months in prison and up to $30,000 in fines.
Second-degree murder. Second-degree murder is a class A felony. Convicted drivers are looking at ten years to life in prison and up to $60,000 in fines.
This post was edited on 7/5/19 at 8:22 am
Posted on 7/5/19 at 8:23 am to The Spleen
quote:
Seems like a bit of a flimsy case. There are no tests(that I know of) that can prove marijuana impairment at the time of the crash, and it can stay in your system for weeks. And excessive speeding leads to a lot of traffic deaths where charges aren't filed.
Will be interesting to see how it plays out
this is where I am on this, no way that I support seeing this teen charged as an adult or pulling a lengthy prison sentence in an adult prison
Posted on 7/5/19 at 8:27 am to LanierSpots
quote:we also have rules that allow for minors to be charged and treated differently than adults
But we MUST be responsible for our mistakes. We must pay for them. Its a cruel thing and I know he is 16 but rules are rules
this kid should not be charged as an adult
Posted on 7/5/19 at 8:36 am to The Nino
quote:no
THC can stay in your blood for a day I think. A saliva test can only detect THC for a few hours after use
it stays for several days and up to several weeks
Posted on 7/5/19 at 10:05 am to EarlyCuyler3
quote:
You think there's any greater punishment than living the rest of your life with the weight of killing two innocent people?
Yes.
You are projecting your values onto a stranger. The kid could easily not care at all.
Posted on 7/5/19 at 10:07 am to dcbl
quote:
no way that I support seeing this teen charged as an adult or pulling a lengthy prison sentence in an adult prison
What if he wrecked intentionally? Suicidal, mad at the world, etc.
I’m not claiming that was the case. I’m saying we don’t know enough yet.
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