District Attorney Finally Gets One Right

[James Burleigh]

I don't think of H.A.s as a victims considering what they do to society.
Rick

I'm sure you don't mean to imply that it's okay for someone, anyone to murder another person because you don't like what that person does. Our laws are only good when they apply even to the most hated members of a society. It's why a child molester will be let free if the search that seized the computer with evidence was illegal. It doesn't work to say, "But he's a child molestor!" How do you know someone won't then run you off the road, shrug, and say, but he's a criminal. Who gets to decide? Only the courts, fortunately.

 

[rickysnickers]

No, I'm not implying that at all. However, if the DA is going to stand up for an H.A., then there are also other victims, many pointed out here ont eh forum, that should be tried in the same manner. Some were just given tickets and that was that.

Rick

 

[HotRodZilla]

No, I'm not implying that at all. However, if the DA is going to stand up for an H.A., then there are also other victims, many pointed out here ont eh forum, that should be tried in the same manner. Some were just given tickets and that was that.

Rick

Especially in the eyes of the law, there is a very distinct difference between a person having their head up their ***, and intentionally running over or hitting another person with their car.

It hinges on 'intent'. This guy had the intent of hurting someone. A guy testing and hitting a motorcyclist intended to send a text message, not kill someone. Not a lot if difference in the victim's eyes, but lots in the law's eyes.

Its the way it is.

 

[rickysnickers]

Here's the CA definition of vehicular manslaughter, I though it might be of interest:

192. Manslaughter is the unlawful killing of a human being without

malice. It is of three kinds:

(a) Voluntary--upon a sudden quarrel or heat of passion.

( B) Involuntary--in the commission of an unlawful act, not

amounting to felony; or in the commission of a lawful act which might

produce death, in an unlawful manner, or without due caution and

circumspection. This subdivision shall not apply to acts committed in

the driving of a vehicle.

© Vehicular--

(1) Except as provided in subdivision (a) of Section 191.5,

driving a vehicle in the commission of an unlawful act, not amounting

to felony, and with gross negligence; or driving a vehicle in the

commission of a lawful act which might produce death, in an unlawful

manner, and with gross negligence.

(2) Driving a vehicle in the commission of an unlawful act, not

amounting to felony, but without gross negligence; or driving a

vehicle in the commission of a lawful act which might produce death,

in an unlawful manner, but without gross negligence.

(3) Driving a vehicle in connection with a violation of paragraph

(3) of subdivision (a) of Section 550, where the vehicular collision

or vehicular accident was knowingly caused for financial gain and

proximately resulted in the death of any person. This provision shall

not be construed to prevent prosecution of a defendant for the crime

of murder.

This section shall not be construed as making any homicide in the

driving of a vehicle punishable that is not a proximate result of the

commission of an unlawful act, not amounting to felony, or of the

commission of a lawful act which might produce death, in an unlawful

manner.

"Gross negligence," as used in this section, shall not be

construed as prohibiting or precluding a charge of murder under

Section 188 upon facts exhibiting wantonness and a conscious

disregard for life to support a finding of implied malice, or upon

facts showing malice, consistent with the holding of the California

Supreme Court in People v. Watson, 30 Cal. 3d 290.

Rick

BTW, I did not insert that smirky face.

Rick