Should a driver who kills and individual while driving under the influence of alcoholor narcotics be treated the same as a person charged with permedited murder?
2007-03-01 02:22:46 · 6 answers · asked by londa00001 1 in Politics & Government ➔ Law & Ethics
Actually, yes I do.
You do not "accidentally" consume alcohol or narcotics. You order the drink and buy the drugs with the intention of ingesting them - you intentionally impaired yourself. If you have not made arrangements about transportation then you have showed depraved indifference to ever other living thing on the road with you.
A drunk with a car is no better than a psychotic with a gun.
2007-03-01 02:32:52 · answer #1 · answered by Susie D 6 · 1⤊ 0⤋
There is certainly malice in getting behind the wheel while under the influence however the fact of the matter is that they do not go out with the intention of killing another person so now.
Some places do differentiate between vehicular manslaughter and vehicular manslaughter while under the influence. The sentence is harsher for being under the influence as there is an added level of irresponsibility.
However since murder is not the intent yet the result of extreme irresponsibility the law cannot extend to that point.
2007-03-01 10:49:27 · answer #2 · answered by smedrik 7 · 0⤊ 1⤋
one could argue that by drinking before driving, one essentially premeditates the intention of doing harm, but that is really stretching and corrupting the definition of premeditated.
It could be premeditated irresponsibility, but premeditated murder requires planning to kill with the intent to do so.
We'd be better off strengthening the DWI/DUI laws rather than twisting definitions; enough laws have been pushed down the slippery slope already.
2007-03-01 10:32:36 · answer #3 · answered by kent_shakespear 7 · 0⤊ 0⤋
I think so but the legal people are also under the influence of alcohol and drugs so it would be hard to talk them into charging under those pretexts. Look at Kennedy.
2007-03-01 11:18:03 · answer #4 · answered by Kevin A 6 · 0⤊ 0⤋
No because the term premeditated means with malice and forethought. You have no intentional malice or forethought when driving drunk. If anything you would be charged with Negligent Homicide or Manslaughter.
2007-03-01 10:27:20 · answer #5 · answered by raindog312 3 · 0⤊ 0⤋
I agree with Susie D.
2007-03-01 10:37:49 · answer #6 · answered by sissy 5 · 1⤊ 0⤋