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Started By
Message
2
Posted on 8/18/14 at 8:31 pm to fightingtiger2335
quote:
Drinking and driving and killing someone isn't intending on killing someone. Its a horrible accident.
But one could argue you know the risk so it's not really an accident. I mean many of us drive drunk, but we all know what can happen when we do.
quote:
Someone sick enough to do that to kids isn't an accident and it can't be fixed by spending time in jail. They like what they like...it's not like robbing a bank and learning a lesson. They will molest again so i'm fine with them getting taken out.
Couldn't agree more. Still the selective vigilantism is odd.
Posted on 8/18/14 at 8:31 pm to fightingtiger2335
quote:
Drinking and driving and killing someone isn't intending on killing someone. Its a horrible accident.
Not in the traditional sense of intent, but some may argue that there is an accepted elevated risk that the action may indeed kill someone.
If I beat someone to a pulp and they die from their injuries, even though I have not intentionally killed them, I am responsible for their death and have the requisite intent to be charged with murder in some instances.
The distinction is not really important here though.
Posted on 8/18/14 at 8:31 pm to fightingtiger2335
They also have people who aren't supposed to drive due to medical conditions and they do.
Posted on 8/18/14 at 8:32 pm to UpToPar
quote:
If I beat someone to a pulp and they die from their injuries, even though I have not intentionally killed them, I am responsible for their death and have the requisite intent to be charged with murder in some instances.
you intended to cause bodily harm, evident from the punches.
driving drunk doesn't mean you intend to kill someone any more than driving tired or texting while driving does.
Posted on 8/18/14 at 8:33 pm to tigerinthebueche
you know the risk of driving sober. doesn't mean you intend to kill someone
elevated risk doesn't create an intent.
elevated risk doesn't create an intent.
This post was edited on 8/18/14 at 8:34 pm
Posted on 8/18/14 at 8:34 pm to boom roasted
keep reading. Texas doesn't have first degree murder.
Posted on 8/18/14 at 8:34 pm to Topwater Trout
quote:
quote:
problem is that the drunk driver, in today's fricked up judicial system, would be out in 10 years ...
It's not murder though.
yes it is ... average intelligence tells you when you've had too much to drink ... a harsh opinion, maybe, but there is an argument that it is, to some degree, intentional, simply because the drunk driver refused to acknowledge to himself that he's too drunk to drive ...
This post was edited on 8/18/14 at 8:36 pm
Posted on 8/18/14 at 8:35 pm to boom roasted
quote:
care to walk us through your reasoning for "first degree murder" under Texas law?
Idk the facts but I heard about this last year and was under the impression he left the scene and went inside to get his gun. Can't that be 1st degree murder?
Posted on 8/18/14 at 8:35 pm to bencoleman
quote:
quote:
REG861
You are fricking stupid, it was an accident.
i'm flattered
Posted on 8/18/14 at 8:35 pm to tigerinthebueche
quote:
But one could argue you know the risk so it's not really an accident.
Just because it's risky doesn't mean it's not an accident. It can be stupid to take the risk but taking a risk isn't murder.
People who speed and lose control of a car and wreck and take out someone never intended to hurt someone.
I mean..driving a car has it's own risk. If a tire blows out on a SUV and you flip and kill someone...we knew the risk that its possible tha thappens...that doesn't make one a murderer.
Accidents happen....I never knew one person who intended to kill someone when trying to get home drunk.
If you do kill someone you pay the consequences. But I find it ridiculous people acting like they set out on doing so
Posted on 8/18/14 at 8:35 pm to TH03
I haven't read the thread but I thought I'd add "your dumb"
Posted on 8/18/14 at 8:36 pm to TH03
quote:
you intended to cause bodily harm, evident from the punches.
I'm not being charged with causing that person bodily harm, I'm charged with killing them just as a drunk driver will be charged with the death of anyone involved in an accident which he is a part of.
In its technical sense, neither death was intentionally charged, but in some states a person that does not intentionally cause death but acts in such a way that they know may cause death can still be charged with murder.
Posted on 8/18/14 at 8:36 pm to TH03
Good point as to the risk. I'm still afraid I'd do the same thing if someone killed my kid(s). Especially if I hadn't gad time to cool off and try to negotiate the situation.
Posted on 8/18/14 at 8:37 pm to tiderider
quote:
yes it is ... average intelligence tells you when you've had too much to drink .
Alcohol can only impair your driving but not decisions?
Posted on 8/18/14 at 8:38 pm to TH03
quote:
keep reading. Texas doesn't have first degree murder.
Then why did you call what the father did 'first degree murder' on page 3?
Posted on 8/18/14 at 8:38 pm to UpToPar
yea, but you intended to cause bodily harm which resulted in death. there's a connection.
driving while intending to drive yourself home but you end up killing someone aren't connected the same way.
driving while intending to drive yourself home but you end up killing someone aren't connected the same way.
Posted on 8/18/14 at 8:39 pm to fightingtiger2335
quote:
Just because it's risky doesn't mean it's not an accident. It can be stupid to take the risk but taking a risk isn't murder.
People who speed and lose control of a car and wreck and take out someone never intended to hurt someone.
I mean..driving a car has it's own risk. If a tire blows out on a SUV and you flip and kill someone...we knew the risk that its possible tha thappens...that doesn't make one a murderer.
Accidents happen....I never knew one person who intended to kill someone when trying to get home drunk.
If you do kill someone you pay the consequences. But I find it ridiculous people acting like they set out on doing so
Lets play devil's advocate:
If I drive by someone's house and open fire into their house because I don't like them, and I kill a little girl sleeping in the front bedroom, did I have intent to kill that girl? Am I a murdered?
Posted on 8/18/14 at 8:39 pm to TH03
quote:
driving drunk doesn't mean you intend to kill someone any more than driving tired or texting while driving does.
It has to do with willfully putting yourself in control of something you can't control. Basically saying frick everyone else on the road I have places to go and things to do. It is actively putting yourself in a situation that could kill people through negligence.
This isn't a new concept. It's been like this for years.
Posted on 8/18/14 at 8:39 pm to REG861
because I was speaking about the act in general, not this specific incident.
my later post concerning texas murder charges makes that pretty clear
my later post concerning texas murder charges makes that pretty clear
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