Quote:
Originally Posted by lawn psycho
Have you ever gone through a stop sign or a red light and only realized after it was too late that you needed to stop? What if your actions resulted in an accident that killed someone because you were negligent? So should you lose your freedom because you committed a negligent act and enforcing the laws on the books is important?
What I can't stand through all of this had been the stance of some people who act as if they have never made a single bad decision or action in their life. I'll even wager that some on this board have driven while over the limit and may simply have never been caught.
The problem with her going to jail and anyone who may drive drunk is the punishment is reactionary. A mandatory jail sentence for first-time OUI would be more appropriate to be a deterrent BEFORE an accident happens.
Also, it appears that during the trial nobody on our expert law forum brought up the x-factor that if her face was maimed that it would lead to sympathetic jurors.
In the end, this will be about money. I suspect that Blizzard will or already has been sued in civil court.
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Why is it that under certain circumstances it's somehow OK to break the law? If that's the case why bother having them? If you blow through a stop sign, whether it be on purpose or for the most innocent of reasons you've still failed to stop and as a result yes you should get a ticket. Using this as an example if that law is never enforced then what's to prevent anyone from blowing through stop signs? Nothing cause there is no penalty for doing so. To expand on your example, now an accident is caused and somebody dies as a result. Yes absolutely you should face the consequences of those actions even if it were an honest mistake. Intent in this case is what makes a difference and the reason why in a case of a true accident with a death involved you'd be likely charged with something like manslaughter versus first degree murder which carries a much stiffer sentence.
I won't even begin to suggest that I've never ever broken the law especially in my younger days. Yes I did get caught some times other times not. When I did get caught there was no excuse and I had to face the music. I made my mistakes and paid for them, just like anyone else should. I lost my driver's license when I was 18 years old because I was stupid and I deserved it. At the time I thought it was unfair, looking back I can only say I was an arrogant little punk and a few days in the slammer probably would have done me some good. As it turns out the military did that for me, thankfully I might add.
Now I'm no lawyer and would never claim to be an expert on our legal system, but I do know that if anyone who gets charged with a crime has their day in court to explain themselves and it's up to a jury to decide what the appropriate punishment should be. Mandatory sentences aren't always the answer, but I would agree with you that anytime alcohol is involved yes there should be as anyone who operates a vehicle under the influence has made a conscience decision to do so and in doing so puts society as a whole in danger and that is simply unacceptable. I don't think that mandatory sentences in these cases would be a deterrent though, drunk drivers tend to be repeat offenders.
Finally while some may have sympathy for personal losses the perpetrator may have suffered, that should not in any way sway the jury into a lighter sentence - at least it wouldn't if I were there in the jury pool.