43
   

I just don’t understand drinking and driving

 
 
OmSigDAVID
 
  0  
Reply Mon 7 May, 2012 06:14 pm
@ehBeth,
OmSigDAVID wrote:
Does anyone know how the Lancaster family feels about this ??
ehBeth wrote:
If there's ever a civil suit related to this incident you'll know.
That addresses a DIFFERENT concept, to wit: compensation.




ehBeth wrote:
Right now, this is a criminal case - it's about what the law
of the appropriate jurisdiction determines in terms of charges and then whether there is a conviction.
Yes; FOR THE PURPOSE OF DECIDING WHETHER TO AVENGE BARRY UPON TOM.
That is what criminal litigation is FOR.

I 'm arguing that possibly Barry did not wanna be avenged.
It remains conceivable that Barry 'd rather waive it.
In this case, I 'm arguing morality, not the law.



ehBeth wrote:
(why doesn't someone who claims to have been a lawyer not know this?)
I thought I made my posts clear; guess not.





David
0 Replies
 
firefly
 
  1  
Reply Mon 7 May, 2012 07:00 pm
@MMarciano,
Quote:
Correct me if I’m wrong but this still doesn’t mean there couldn’t be some kind of plea bargain at the July 2nd hearing?

I suppose a plea bargain could be worked out at any time--if both sides want to move in that direction.

They may not be near that point just yet. The defense attorney is still receiving information from the state, motions are being made, evidence is being evaluated.
Swift wasn't arraigned until 4/16, so that's when the formal charges were read to him and he entered a plea of not guilty. Today he waived his right to a speedy trial, his attorney made a motion to postpone the trial date, and so the pre-trial hearings continue. It's an advantage to him for his attorney to delay a trial date--it gives the defense more time to do whatever they need to do to prepare their case. And it keeps him out of jail for the time being.

As they say, the wheels of justice grind slow...
hawkeye10
 
  0  
Reply Mon 7 May, 2012 09:32 pm
@firefly,
Quote:
It's an advantage to him for his attorney to delay a trial date--it gives the defense more time to do whatever they need to do to prepare their case. And it keeps him out of jail for the time being.


What it tells me is that I am right that the state is not offering Thom much in the way of a plea deal. Hopefully Thom has the balls to take the state on at a trial, not to mention the family support required to come up with the large numbers of dollars required to mount a defense. Thom should dare the state to try to find 12 citizens who are willing to hang him for fleeing the scene.
0 Replies
 
Sloan
 
  2  
Reply Tue 8 May, 2012 05:09 am
@firefly,
If I were Thom I'd want to postpone it as long as possible. I believe he'll do some time that's my opinion.
izzythepush
 
  1  
Reply Tue 8 May, 2012 05:22 am
@OmSigDAVID,
OmSigDAVID wrote:


For instance, if u came to visit and u blew a stop sign in the street,
with no witnesses, for sure I wud NOT rat u out to the police. U 'd be safe.


I don't know what sort of kinky sex you're into, but count me out.


Quote:
Quote:
izzythepush wrote:

It's not about vengeance, it's about justice,
Please explain the difference, Izzy.
I wanna HEAR this; I do.

The difference is, a man lost his life due to the negligence of another human being. If that was one of my family members I would want vengeance, however, as an impartial outsider I feel that he should face justice. A man has died, if Swift doesn't go to jail, it amounts to saying that Anderson's life means nothing.

If your negligent behaviour results in the death of others you should go to jail. I think natural justice says as much.


Btw I notice you're being coy over I love Lucy. Have I hit the nail on the head?
OmSigDAVID
 
  1  
Reply Tue 8 May, 2012 08:13 am
@izzythepush,
OmSigDAVID wrote:
For instance, if u came to visit and u blew a stop sign in the street,
with no witnesses, for sure I wud NOT rat u out to the police. U 'd be safe.
izzythepush wrote:
I don't know what sort of kinky sex you're into, but count me out.
I thawt that was very humorous. I got a good laff out of that!
Thank u.





izzythepush wrote:
It's not about vengeance, it's about justice,
OmSigDAVID wrote:
Please explain the difference, Izzy.
I wanna HEAR this; I do.
izzythepush wrote:
The difference is, a man lost his life due to the negligence of another human being.
If that was one of my family members I would want vengeance, however,
as an impartial outsider I feel that he should face justice.
OK; help me out with this, Izzy:
u r telling us that something is either "justice" or it is unjust,
depending on whether WHO administers it??
That is to say that, in your vu,
an act of vengeance is fair or it is inequitable
depending on whether the person who administers it
is a private citizen or he is on the public payroll ????
Is that your position ???





izzythepush wrote:
A man has died, if Swift doesn't go to jail,
it amounts to saying that Anderson's life means nothing.

If your negligent behaviour results in the death of others you should go to jail.
I think natural justice says as much.
Really???
For the sake of argument,
let us imagine that Barry returned from death
(defined as no heartbeat, no respiration, no EEG for several minutes).
That has happened a lot in American hospitals; sometimes, in morgues,
if the corpse has not completely rotted away in the meantime, up to around an hour
(longer if submerged in cold water; of unknown duration, if submerged in cold ale).

Now, Izzy, suppose that the newly re-alive Barry is heard ROBUSTLY to declaim:
"Hay, I usually have 1 for the road, myself, unless I have 5.
Anyone can have an accident; no hard feelings, Tom.
By the way, that was really nice of u to go home n get help for me!
Sorry for any inconveniences. Here r $5O. Have a few drinks on me"
and either he remains alive, or he resumes his death,
after explicitly WAIVING retributive vengeance, perhaps
in front of 7 notaries public (each of whom has sworn him in).

Will that affect your vu of the morality of the situation??

We await enlightenment from England.






izzythepush wrote:
Btw I notice you're being coy over I love Lucy.
Have I hit the nail on the head?
No, Izzy. I remember watching the very first episode thereof (probably in 1951),
but my memory is vague enuf that I do not remember its specific plot.
I doubt that it was much concerned with lust for vengeance,
nor was the subsequent episode qua the birth of Little Ricky.
I remember humor qua rehersal for departure for the hospital
with accidental abandonment of Lucy in her apartment
in the Mertz's apartment building, but no lust for vengeance.
(Incidentally, thay hired an imposter to play Little Ricky.
The real one did not participate until he was near adulthood.)

My cheering was vindictive, for the electrocutions of Julius & Ethel Rosenberg in Sing Sing.
I harbored very intense anger, hatred, abhorrence beyond ineffability, fear and loathing
toward the International Socialists, led by Comrade Stalin.
(I did not think much of the nazis, either.) If I coud have, I WOUD have slow roasted them over a BBQ pit.

I remember from the news of the time, that in Russia,
there were more promotional placards with the visages
of the Rosenbergs than of Stalin.

Most of the time, I support the 8th Amendment,
but the Rosenbergs tested my confidence in it.

(U know, Izzy: u have failed to adduce a moral argument
that is available to u, in support of retribution, to wit:
in default of government 's avenging Barry upon Tom,
the natural right to get even REVERTS to Barry
or to his surviving friends n surrogates.)





David
izzythepush
 
  1  
Reply Tue 8 May, 2012 08:33 am
@OmSigDAVID,
There's a reason juries are vetted, there's a need to remain dispassionate. If you are personally involved in a case you can't be.

In all cases there are mitigating circumstances, and I'm sure the bizarre scenario you enacted would result in a lesser sentence.

I do believe that all sentencing should take into account the sanctity of life, a drunk driver who kills should face a greater sentence than one who does not.

I'm glad that made you laugh.

Not Lucy then, what about this?

Quote:
February 25 – Release, in France, of Jacques Tati's film Les vacances de M. Hulot, introducing the gauche character of Monsieur Hulot.
0 Replies
 
Sturgis
 
  1  
Reply Tue 8 May, 2012 09:43 am
@OmSigDAVID,
Quote:
My cheering was vindictive, for the electrocutions of Julius & Ethel Rosenberg in Sing Sing...


...Most of the time, I support the 8th Amendment,
but the Rosenbergs tested my confidence in it.

Quick sideline question for you OmSigDavid, and not meant to detract from the thread topic beyond this.

In the overall case of the Rosenbergs, what are your feelings towards the 3rd man, the traitor and rat, David Greenglass, Ethel's younger brother? Shouldn't he have faced the same justice at the very least as he supplied Julius with the information and then turned on both his sister and brother-in-law?

The June 1953 executions of Julius and Ethel have always left me uncomfortable, in part because Greenglass wasn't fried with them. Was his 15 years (of which he served a little less) true justice?
OmSigDAVID
 
  1  
Reply Tue 8 May, 2012 10:24 am
@Sturgis,
Quote:
My cheering was vindictive, for the electrocutions of Julius & Ethel Rosenberg in Sing Sing...


...Most of the time, I support the 8th Amendment,
but the Rosenbergs tested my confidence in it.
Sturgis wrote:
Quick sideline question for you OmSigDavid, and not meant to detract from the thread topic beyond this.

In the overall case of the Rosenbergs, what are your feelings towards the 3rd man, the traitor and rat, David Greenglass, Ethel's younger brother? Shouldn't he have faced the same justice at the very least as he supplied Julius with the information and then turned on both his sister and brother-in-law?

The June 1953 executions of Julius and Ethel have always left me uncomfortable, in part because Greenglass wasn't fried with them. Was his 15 years (of which he served a little less) true justice?
He turned State's evidence.
Its a very common practice to reduce sentences of informants.
The reasoning is that without their assistance,
egregious malefactors will escape.
Its a question of not being greedy regarding how many bad guys
u can possibly get.
Its an issue of trial risk management, for the prosecution.





David
0 Replies
 
firefly
 
  1  
Reply Tue 8 May, 2012 12:10 pm
@Sloan,
Quote:
If I were Thom I'd want to postpone it as long as possible.

I think I'd want to do that also.

Even after a conviction at trial, lawyers try to keep their clients out of jail for as long as possible. That's what's been going on in the John Goodman case following his conviction for DUI manslaughter, vehicular homicide, and leaving the scene. First they filed a 300 page appeal for a new trial, which was denied, and now they've filed a second appeal based on possible juror misconduct, and this appeal might get the conviction overturned.
http://www.eastidahonews.com/2012/05/florida-polo-tycoon-john-goodman-denied-first-motion-for-new-trial/
Goodman had been slated for sentencing this week, but now that's up in the air.

Quote:
I believe he'll do some time that's my opinion.

I share your opinion, I think Swift is likely to do jail time if the state can prove that he was driving his car, that he was DUI at the time his car hit Lancaster, and that he left the scene.

Even those people in this thread, who have argued that the cyclist might have been at fault, fail to realize that Swift would still be responsible for DUI and for leaving the scene of a fatal crash he was involved in--which are serious charges.

Any holes the defense can poke in the state's evidence, for either of the charges, would work to their benefit in negotiating a plea bargain.


hawkeye10
 
  1  
Reply Tue 8 May, 2012 02:38 pm
@firefly,
You can't possibly be that dense...I have argued at many points that Barry might have been greatly responsible for his own death, and that the law does not care. I have further argued that the law is wrong.
Adam4Adam
 
  5  
Reply Thu 10 May, 2012 06:05 am
@hawkeye10,
That doesn't make any sense! Why not just say if your riding your bike be on the lookout for drunk drivers, because if they kill you it could be your own fault.
BillRM
 
  0  
Reply Thu 10 May, 2012 06:16 am
@Adam4Adam,
Quote:
That doesn't make any sense! Why not just say if your riding your bike be on the lookout for drunk drivers, because if they kill you it could be your own fault.


Sorry anyone who ride a bike without lights at 2 am in the morning is taking one hell of a risk of being kill by a motorist with or without the driver being under the influence of alcohol or drugs.

Still had not seen anyone giving information it the cyclist was breaking the law or not in this regard but the odds are that he was doing so.
izzythepush
 
  1  
Reply Thu 10 May, 2012 06:19 am
@BillRM,
There is no evidence to indicate the bike was unlit, that's just part of your fantasy world.
0 Replies
 
izzythepush
 
  1  
Reply Thu 10 May, 2012 06:21 am
@hawkeye10,
hawkeye10 wrote:

You can't possibly be that dense...I have argued at many points that Barry might have been greatly responsible for his own death,


And that's the difference between you and BillRM, when you think something you're willing to accept it may just be a possibility. When BillRM thinks of something it becomes a fact, he's like a character from an Alan Bennet play.
0 Replies
 
firefly
 
  2  
Reply Thu 10 May, 2012 09:49 am
@BillRM,
Quote:
Still had not seen anyone giving information it the cyclist was breaking the law or not

That's probably because you haven't been sitting in the courtroom. You don't know what evidence or info the prosecution and defense have exchanged. I'm sure the defense attorney is covering all the bases.

But you do know that the driver was breaking the law by operating his motor vehicle while DUI and leaving the scene of a fatal crash--if his attorney cannot refute those charges. So far the charges are standing, and this is moving toward a trial which isn't going to happen any time soon, nor is a plea agreement likely to happen any time soon.
DrewDad
 
  2  
Reply Thu 10 May, 2012 09:57 am
@firefly,
BillRM wrote:
Still had not seen anyone giving information it the cyclist was breaking the law or not

If the cyclist were operating his vehicle improperly, too, then separate charges should be brought against him.

Not sure how that affects the case against the drunk driver, though.
0 Replies
 
ehBeth
 
  1  
Reply Thu 10 May, 2012 11:42 am
@BillRM,
BillRM wrote:
Still had not seen anyone giving information it the cyclist was breaking the law or not in this regard


who have you asked? how have you investigated your area of questioning?
BillRM
 
  1  
Reply Thu 10 May, 2012 03:12 pm
@ehBeth,
The news stories over this issue had not address any of the subjects concerning the cyclist that I would consider of important.

Such as whether he was under the influence of alcohol or drugs himself and if he had lights on as the law demand.
izzythepush
 
  1  
Reply Fri 11 May, 2012 01:31 am
@BillRM,
BillRM wrote:

The news stories over this issue had not address any of the subjects concerning the cyclist that I would consider of important.

Such as whether he was under the influence of alcohol or drugs himself and if he had lights on as the law demand.


Exactly. So all this stuff is in your head, the only fact is that a drunk driver killed a cyclist.
 

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