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To: oahu
I wholeheartedly agree that this guy is guilty of negligence. However I do not agree that jail is the proper punishment. Jail is for criminals, those that are supposedly to be rehabilitated for their crimes. I feel confident that there is no way that this person would ever again take a shot llke the one he did that killed the lady. Instead he should be sentenced to paying for her children's education, and to a lot of years of giving confessions at hunter safety classes of what actually happens when you are not absolutely sure of your target.
30 posted on 12/18/2001 10:56:36 AM PST by jdub
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To: jdub
I wholeheartedly agree that this guy is guilty of negligence. However I do not agree that jail is the proper punishment. Jail is for criminals, those that are supposedly to be rehabilitated for their crimes.

You're getting warmer. Remember that the Anglo-American criminal law system (and previous systems as well) are not only about rehabilitation. Punishment (i.e., "justice"), deterrence, and restitution are also legitimate objectives of the criminal law.

In addition, negligence can properly be addressed by criminal punishment as well as by civil penalties. Let's look at a few categories of intent:

1. Some crimes require a very high degree of intent -- "specific intent" (e.g., first-degree murder).

2. Some crimes require a high degree that is not quite that high -- "intent" (e.g., felony murder).

3. Some crimes can be committed with even less intent -- "recklesness" or "criminal negligence."

4. Finally, some crimes can be committed even without any proof of intent at all -- "strict culpability" (e.g., a speeding ticket).

Your argument that this killer was not guilty of level-1 or level-2 intent doesn't mean that he might still not be guilty of level-3 criminal intent. It seems very likely that he was, in fact, guilty at about that level. It's the same level of intent that can get a mother locked up for frying her forgotten baby in a locked car, or get a frat boy locked up for playing russian roulette with the gun pointed at his buddy.

Bottom line: your suggestions about restitution and community service are good ones. But please don't downplay the severity of this crime or try to excuse the killer just because he wasn't a cold-blooded murderer. If he did the crime (which IMO he clearly did), he should do the time.

67 posted on 12/21/2001 12:04:01 PM PST by oahu
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