So, Arnold signed into law a bill which, in summary, says if you are involved in a fatal accident while driving under the influence you may be prosecuted for 2nd degree murder.
According to an online legal dictionary, the definition of manslaughter is as follows:
MANSLAUGHTER - The unlawful killing of a human being without malice or premeditation, either express or implied; distinguished from murder, which requires malicious intent.
The distinctions between manslaughter and murder, consists in the following: In the former, though the act which occasions the death be unlawful, or likely to be attended with bodily mischief, yet the malice, either express or implied, which is the very essence of murder, is presumed to be wanting in manslaughter.
I can understand the intent for passing but I must argue that drunken driving cannot be classified as murder - it lacks the legal requisite of malicious intent.
Now, if the penalties for manslaughter seem too light, then up the ante; or add another category to the legal dictionary, (something like extremely gross voluntary vehicular manslaughter) but I'm surprised Arnold signed this most recent bill into law, knowing that the definition of murder implies malicious intent, and unless someone says "I'm going to get stone drunk and kill somebody" I just don't see how malicious intent can be proven.
Now don't get me wrong- I don't condone driving drunk; it's probably one of the stupidest things you can do, just short of playing Russian roulette with a semi auto. There are so many other options to get home safely that you really must be a colossal dumb-fuck to get behind the wheel inebriated.
But to say that anyone involved in a fatal accident while driving drunk is guilty of murder is really stretching the established legal definition.
Hell, I'd almost go so far as to suggest that the penalty for voluntary manslaughter include leaving the guilty party in a room with 6 relatives of the deceased and let them deliver their own justice, but I'm sure there are many who label such a punishment too barbaric, and then would THAT lead to murder charges??
This is so messy, I need to win the lotto and buy my own island...
1 comment:
It is up to politcians to talk big on what people feel strongly about. It is most likely that if such a case went to the Supreme court of California the law would most likely be struck down. Vehicular manslaughter while DUI is the law that should exist and whose punishment should be increased.
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