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To: lysie

Does seem a bit ironic, doesn't it....

I do have a question (and maybe that's what the newly "tougher" laws are suppose to address -

Why is it only "Manslaughter" when a drunk gets in a car/truck and kills somone, yet if I were to get drunk and get mad at someone and shoot them dead, it's Murder?

As far as I'm concerned - murder is murder. The drunk made the DECISION to drink in the first place, then drive fully knowing the risks (and being a multiple offender should be a clue here). In my mind, this drunk would be just as guilty of MURDER as any other criminal murderer - and thus subject to similar penalties (Life in Prison/Death Penalty).


14 posted on 02/22/2005 5:14:02 AM PST by TheBattman (Islam (and liberals)- the cult of Satan)
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To: TheBattman
The difference, which should be obvious, is that the drunk does not intend to kill or even injure anyone - he is hoping that he will make it from point A to point B with causing any disturbance or getting caught.

However, someone who srunkenly fires a bullet at someone with whom they are angry, fully intends to cause that person harm.

It isn't murder if you don't intend harm.

17 posted on 02/22/2005 5:24:36 AM PST by wideawake (God bless our brave soldiers and their Commander in Chief)
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To: TheBattman
Can't speak for Va., but in N.Y (I was an Asst. DA for 26 years), murder (capital murder aside)requires one of three circumstances to be viable:[1] intent- the actor INTENDS to kill his victim, [2] "depraved indifference, the conduct is so reckless that the recklessness rises above manslaughter. Example: The defendant drives his car, at high speed into a crowd of people. You may not be able to prove he killed victim A intentionally, but A dies as a result of his act, [3] "felony murder"; someone is killed during the commission of certain designated felonies (DUI, or DWI is not one of them.

N.Y has three types of manslaughter, man 1-actor intends serious physical injury, or disfigurement, victim dies; man 2-reckless conduct results in death, vehicular manslaughter- added to Penal Law for vehiculars. N.Y also has criminally negligent homicide, where the recklessness is not clearly provable.
18 posted on 02/22/2005 5:40:55 AM PST by PzLdr (Liberals are like slugs-they leave a trail of slime wherever they go.)
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To: TheBattman

If you're really that hung up on semantics. Most states classify what used to be called manslaughter as criminally negligent homicide.


24 posted on 02/23/2005 7:24:00 AM PST by Melas
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