Quote:
Originally Posted by Mr. V
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.
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1) The judge at the trial of Ted Bundy sentenced him to death. He then went on to say:
Quote:
"Take care of yourself, young man. I say that to you sincerely; take care of yourself. It is an utter tragedy for this court to see such a total waste of humanity, I think, as I’ve experienced in this courtroom.
"You’re a bright young man. You’d have made a good lawyer and I would have loved to have you practice in front of me, but you went another way, partner. I don’t feel any animosity toward you. I want you to know that. Take care of yourself."
— Judge Edward Cowart[1]
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2) One of the lake's infamous deadly drunkards was sentenced to one year in prison, spending nights (only) in a prison bed.
3) Too often, I see sentences for drunk New Hampshire drivers with the wording "His/Her fourth conviction".
4) Too often, deadly drunks have their license revoked—so they leave the courtroom—and drive themselves home.