Archive for January 18th, 2008

Justice and Semantics

Friday, January 18th, 2008

The latest weapon in MADD’s politically correct War on Drunk Driving:


New Law Strengthens DUI Penalties

San Jose, CA.  ABC News  –  Each year, an estimated 17,000 people are killed in drunk driving crashes.

In October the governor signed a bill that got by-partisan support to strengthen the law against first time DUI offenders.

The bill requires everyone getting a driver’s license to sign a statement indicating they know that driving under the influence is dangerous and could result in death. The statement goes on to read that if they choose to drive impaired and kill a person, they understand they can be charged with murder.

The bill had backing from Mothers Against Drunk Driving, AAA and the CHP…


Huh?

Well…It’s all a word game.  You see, a death resulting from drunk driving is punishable as manslaughter (vehicular or involuntary manslaughter).   But a death that is intentional, or involves the mental state of malice, is punishable as murder.  So what is "malice"?  Well, the courts have said it is a wanton and  reckless indifference to human life.  Hmmm…ok, so what is that?

Well, in a drunk driving case, the California courts have said it is driving a vehicle while under the influence (or with .08% blood-alcohol) — if you know that doing so is dangerous to human life.  Hmmm…doesn’t everyone know that?  I mean, duh?

Well, maybe.  If the person was drunk enough and truly knew that he was dangerous.  But what if he didn’t think he was that drunk or dangerous? 

Yes, but what if that person signed a piece of paper saying that all DUI or driving with .08% is dangerous?  Then everyone can be charged with murder — and the manslaughter statutes, which intended for DUI homicides, can be ignored and the .08% driver can be put away for life…just as if he intended to murder someone.

Manslaughter becomes murder…for signing a piece of paper.

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