It is hard to disagree with you about the third-time DUI. I guess I am against "automatic" laws in general; it reeks of populism and "tough on crime" rhetoric, ignoring the human variables - see above article for examples. Trying to legislate judicial discretion out of the equation is, to me, a foolish idea.
Couldn't agree more on the drug use issue. They should not even be in the same category of crime.
> in Virginia a few traffic offenses can be classified as attempted manslaughter. Such as, speeding well above what classifies as reckless driving or driving sufficiently intoxicated. I think the reasoning is that if one were to kill someone under those circumstances it would be manslaughter, and any reasonable person would know that excessive speeding or driving drunk carries a high risk of killing someone even though that person isn't exactly trying to kill anyone, therefore, even though they didn't kill someone, they still basically attempted to in being so careless. IOW, you really should be charged with manslaughter, you just were lucky enough to have no actually killed anyway
> I think different jurisdictions probably punish those actions similarly, they just may call it something other than attempted manslaughter, like maybe reckless endangerment or whatever.
Reckless endangerment - I admit that strikes me as a better term, although I now understand the reasoning behind "attempted manslaughter".
It is hard to disagree with you about the third-time DUI. I guess I am against "automatic" laws in general; it reeks of populism and "tough on crime" rhetoric, ignoring the human variables - see above article for examples. Trying to legislate judicial discretion out of the equation is, to me, a foolish idea.
Couldn't agree more on the drug use issue. They should not even be in the same category of crime.
update: thanks for the link, it led me down an interesting path of "attempted manslaughter" reading. eg, from http://boards.straightdope.com/sdmb/showthread.php?t=645716
> in Virginia a few traffic offenses can be classified as attempted manslaughter. Such as, speeding well above what classifies as reckless driving or driving sufficiently intoxicated. I think the reasoning is that if one were to kill someone under those circumstances it would be manslaughter, and any reasonable person would know that excessive speeding or driving drunk carries a high risk of killing someone even though that person isn't exactly trying to kill anyone, therefore, even though they didn't kill someone, they still basically attempted to in being so careless. IOW, you really should be charged with manslaughter, you just were lucky enough to have no actually killed anyway
> I think different jurisdictions probably punish those actions similarly, they just may call it something other than attempted manslaughter, like maybe reckless endangerment or whatever.
Reckless endangerment - I admit that strikes me as a better term, although I now understand the reasoning behind "attempted manslaughter".