Not guilty by reason of "He's suffered enough"

[Gravekeeper]

He could go to schools and those alcohol classes that drunk drivers have to go to through court orders and be a guest speaker. Just going from town to town can eat up several hours in a short period of time. That's something that a lot of people do without even being told to do, to try to get other people to realize the dangers.

That would have to be voluntary. Otherwise, considering the circumstances, you're frankly in "cruel and unusual punishment" territory.

I have to agree that there's really not much else you could do to this guy. Also, considering the circumstances of the crash itself, this may well have happened if he was stone cold sober too.

[Andara Bledin]

I have to agree that there's really not much else you could do to this guy. Also, considering the circumstances of the crash itself, this may well have happened if he was stone cold sober too.

And that is the crux of it.

Nobody can say whether this happened because he was a bit tipsy or if it happened because the weather conditions were atrocious enough that they'd put out a storm warning.

Hell, it's entirely possible that someone else caused the accident.

Honestly, unless you're psychic, you can't possibly know what happened, and this rush to condemn is premature and perhaps a little sick.

^-.-^

[Gravekeeper]

Honestly, unless you're psychic, you can't possibly know what happened, and this rush to condemn is premature and perhaps a little sick.

Trying to use justice as a tool of vengeance always makes me uneasy. No justice is being served by further punishing someone thats already been punished in ways the state could never top.

Justice should be blind, not petty.

[Silverharp]

And there we have it.
2 deaths, his mothers life will be dedicated to caring for him pretty much forever.
To be honest, I'd rather he DIDN'T go to jail, but in a case like this, I feel that a not guilty is a vindication of that kind of reckless behavior.
I would LOVE to see individuals like this be put into a community service program such has been suggested earlier. What would be so cruel about going to a school and giving a talk, showing what happens when you take that drink and get behind the wheel?

[Duelist925]

And there we have it.
2 deaths, his mothers life will be dedicated to caring for him pretty much forever.
To be honest, I'd rather he DIDN'T go to jail, but in a case like this, I feel that a not guilty is a vindication of that kind of reckless behavior.
I would LOVE to see individuals like this be put into a community service program such has been suggested earlier. What would be so cruel about going to a school and giving a talk, showing what happens when you take that drink and get behind the wheel?

The only problem I would have for that is unless its voluntary, its forcing a person to relive what put them into that condition--forcing them to constantly talk about whats probably the worst day of their lives.

Thats, at most, a few steps shy of psychological torture. I gotta agree with those who say theres really nothing more the state can do to him that wouldn't fall into cruel and unusual territory.


And him getting not guilty doesnt necessarily vindicate this behaviour--if the details are known, its more like, "This shit fucks you up so bad, not even jail is worse".

[Andara Bledin]

Was he judged Not Guilty, or was it decided that it wasn't worth charging him in the first place. There is a major difference between the two.

^-.-^

[Ginger Tea]

Aside from the "could it have happened if he was stone cold sober" train of thought.

A jury could have said guilty and the judge could have just said "And the sentance is, we'll your already serving it."

[DrFaroohk]

I could see if they pressed charges and got a conviction, just for someone's personal satisfaction, but there's no point in doing anything else about it. Get a conviction and suspend the sentence.

What else can they do? Take his freedom? Already gone. His license? Gone or useless. Punish him in some other way? Already done.

[dendawg]

Was he judged Not Guilty, or was it decided that it wasn't worth charging him in the first place. There is a major difference between the two.

^-.-^

Do the words, "Innocent until proven guilty" ring a bell?

Like it or not, it couldn't be proven that he was legally intoxicated, or that alcohol could have been a contributing factor.....unless he lives in a dry county or a zero tolerance county/city/state.

[HYHYBT]

Exactly. Setting aside whether he's "suffering enough," and even whether he really would have had the same accident sober, prosecutors tend to pursue only cases they think they can win.

[Silverharp]

It was decided to drop the case alltogether.

[DrFaroohk]

Actually I'm glad we got to see one of these. I've always wondered what would happen in situations where a crime is committed but there's special reasons to not pursue it.

Or like say the cops come to your house to tell you that your son died in a accident, but he notices your bag of weed on the table. "Sir...your son is dead. And you're under arrest."

[Greenday]

Or like say the cops come to your house to tell you that your son died in a accident, but he notices your bag of weed on the table. "Sir...your son is dead. And you're under arrest."

That would actually be completely legal to arrest someone for. Unless they force themselves in with a warrant, it's legal since they had been let in by the owner. Plain view laws and all.

[Duelist925]

That would actually be completely legal to arrest someone for. Unless they force themselves in with a warrant, it's legal since they had been let in by the owner. Plain view laws and all.

legal, yes.

Intensely dickish? Also yes. Posession in most states is such a minor crime that to arrest someone for it directly after informing them of their sons death would be a bit over the top. And also entail horrible press.

[Panacea]

Don't forget the chronic pain for the rest of his life, too. I'd rate that as being worse than the arm, and possibly the paralyzation, too.

^-.-^

He'll just swap one addiction for another.

I wish they had charged and convicted him. Now he'll live off the system for the rest of his life. If he'd been convicted, he wouldn't be eligible.

That would have to be voluntary. Otherwise, considering the circumstances, you're frankly in "cruel and unusual punishment" territory.

Actually, there's precedent. Giving talks to the community for drunk driving convictions has been done before, and I see nothing cruel or unusual about making a quad do so.

The only problem I would have for that is unless its voluntary, its forcing a person to relive what put them into that condition--forcing them to constantly talk about whats probably the worst day of their lives.

I don't see it as torture. I see it as accepting the consequences of what you've done. If he doesn't like it, too bad. He CHOSE to drink and drive. I don't care about his tender feelings. Two children are DEAD.

Was he judged Not Guilty, or was it decided that it wasn't worth charging him in the first place. There is a major difference between the two.

^-.-^

The DA wimped out. Too hard to prove, I guess. Probably by the time anyone bothered to draw a legal BAC he'd metabolized enough to drop below the legal limit.

That would actually be completely legal to arrest someone for. Unless they force themselves in with a warrant, it's legal since they had been let in by the owner. Plain view laws and all.

Agreed: and it's been done.

legal, yes.

Intensely dickish? Also yes. Posession in most states is such a minor crime that to arrest someone for it directly after informing them of their sons death would be a bit over the top. And also entail horrible press.

The cops arrested the father of Zahara Baker (the kid in North Carolina who lost a leg to cancer and got dismembered by her step mother) on drug charges unrelated to the little girls death during the investigation. Then ICE deported him back to Australia after the stepmother pled guilty in the criminal case (the father was never charged, and his involvement was very murky).