IMPD OFFICER LEATH MURDER TRIAL

[DragonGunner]

Being drunk actually can't be considered, legally, if you were voluntarily intoxicated. If someone got you intoxicated against your will (say, slipped something in your drink without your knowledge) then it can be argued. I've seen lawyers try it, though.

Ya but what I hate is when you see someone drunk behind wheel and they kill someone, but hey, they were drunk so either very little to nothing really happens. It’s not always the case but the vast majority, well it’s just an accident after all. I throw the book at them, but the book says it’s an accident so you can’t. Still won’t want me on the jury.

 

[BehindBlueI's]

Ya but what I hate is when you see someone drunk behind wheel and they kill someone, but hey, they were drunk so either very little to nothing really happens. It’s not always the case but the vast majority, well it’s just an accident after all. I throw the book at them, but the book says it’s an accident so you can’t. Still won’t want me on the jury.

"The book" says it's a level 4 felony.

Sec. 5.5. A person who commits a Level 4 felony shall be imprisoned for a fixed term of between two (2) and twelve (12) years, with the advisory sentence being six (6) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).

 

[HoughMade]

It may be trite, but our criminal justice system is the least just system there is...except for all of the others.

It's an adversarial system- the sides fight it out. The judge decides what the jury hears based upon laws including the Constitution and the jury decides. If there is a more just alternative, I'd love to hear about it. Improvements can always be made. But, if it involves a mob who think they know better when a jury gets it wrong, in your eyes...or you see no need for a jury, plenty of countries have that and I would suggest you check them out.

One man's "technicality" is another man's Constitutional right- literally. If you want to discuss court cases stretching the 4th, 5th, 6th, 8th or 14th amendments beyond what the drafters intended, you will find an ear ready to listen in me. However, you do realize that all those courts and judges and appeals are there to try to make it more likely that we get it "right" even if it doesn't seem like it sometimes.

Sometimes a jury gets it wrong. Sometimes the judge gets it wrong. Sometimes the prosecution gets it wrong and sometimes the defense gets it wrong. They are human beings. If you're looking for perfection, I'm not sure what world you've been observing your whole life.

 

[phylodog]

In my 20yrs in LE I only spent 10 dealing with the criminal element on a regular basis. The number of convicted, sentenced and released murderers I put handcuffs on would indicate that “sometimes” is an extremely loose term.

 

[DragonGunner]

"The book" says it's a level 4 felony.

Not enough. Your drunk you know it and know what can happen but do it anyways. And then kill. Should be life. Then we never have to worry about you repeating it again like so many have.

 

[BehindBlueI's]

It's an adversarial system- the sides fight it out. The judge decides what the jury hears based upon laws including the Constitution and the jury decides.

And this is why it's nonsense to suggest a trial is about finding the truth. The truth is a component, but our criminal court system is set up to protect the accused, not to find the the truth of the matter. In short, as a society we've decided that individual rights are more important than fact finding in most regards, and that's been the trajectory in the Western world since the Star Chamber was abolished. Before the inevitable, this is not a value judgement but a mere statement of fact.

 

[r3126]

"mirovozzrenie", "mens rea"! Wow! Google really is a "dirt bag" commoner's best friend! I feel a bit out of place just reading some of these posts!