View Single Post
Old 05-09-2019, 06:43 PM   #28
jeffk
Senior Member
 
jeffk's Avatar
 
Join Date: Feb 2004
Location: Center Harbor
Posts: 1,125
Thanks: 198
Thanked 417 Times in 237 Posts
Default

Quote:
Originally Posted by Mr. V View Post
Sentencing is always a thorny issue: the family of the victims rarely believe that enough punishment has been administered, whereas the defendant's family usually feel the sentence is too harsh.

In developing sentencing guidelines the powers that be have given us a system which is designed to be fair, to take all factors into consideration and yield a result which is likely to yield the greatest benefit to society.

I've no desire to coddle drunks, but the law draws a distinction between the culpability of someone who drives drunk and kills someone vs. a sober, premeditated murderer who kills intentionally.

The thinking probably goes something like this: "A drunk can become sober and become a good, law-abiding citizen, whereas a cold-blooded murderer will likely never become a positive asset to society."

Were my child a victim of a drunk driver I'd be devastated and howl for retribution: that would only be natural.

It is up to the judges to balance things out and make the hard calls.
I don't think being drunk should enter into the sentencing at all. I think it is a grave mistake to allow choosing to be drunk to be any type of excuse for bad actions.

Did you hit your wife?
Yes, but I was drunk.
Oh, OK we feel sorry for you so you get a lesser sentence.
NOT good.

When someone kills somebody there is always a question of intent. Was it intentional/premeditated? Was it an accident? Was it negligence?

Since it is illegal to drive under the influence, I would think that would show negligence, negligent homicide. There are sentencing guidelines for that crime. Maybe this is a first serious offence so a lesser time is justified. Maybe the weather was bad and a contributing factor so that should be considered.

The only point to deal with being drunk is as an addendum to the sentence. While incarcerated you will be required to attend alcohol addiction counseling.
jeffk is offline   Reply With Quote