America's Most Wanted

BIG_DADDY · 04-02-2005, 11:54 PM

So I am checking it out tonight and they put on this last story. Two guys drag race and one of them loses control and strikes a women and kills her, both cars take off. Now I know if you drive off and leave somebody like that even if you were not the driver who did it there has to be a pretty serious price to pay however I never expected what came next. He was charged with murder. Charged with murder? WTF? Apparently if you engage in a speed contest and anyone dies you are charged with murder. Is it any wonder people take off and leave people like that, they don't have any choice. Every day I get more disgusted with our legal system, this is just the most thing to blow me away.

DanT · 04-03-2005, 12:07 AM

Would there have been a murder charge if the driver hadn't taken off?

BIG_DADDY · 04-03-2005, 12:24 AM

Quote:

Originally Posted by DanT

Would there have been a murder charge if the driver hadn't taken off?

Yes, which forces people to leave, it's stupid.

KS Smitty · 04-03-2005, 12:32 AM

Not a legal eagle by any means but it seems that this way the prosecution can get the perp to plea down to involuntary manslaughter and give them 5 years(?) versus charging them with involuntary manslaughter and them pleading down to something less.

It seems that most charges are usually pled down to something less, so at least this person will actually have to answer to what was the actual crime???

The justice system is so screwy in this country that it's hard to determine why certain charges are used for some crimes.

Eleazar · 04-03-2005, 12:34 AM

I would think that should fall under manslaughter.

Per the Val. penal code:
Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.

[Manslaughter is...] unlawful killing of a human being without the malicious intent or premeditation, either express or implied, required for murder. Manslaughter is a reckless killing or one done in the heat of the moment. The cases of manslaughter may be classified as those killings resulting from: 1. Provocation. 2. Mutual combat. 3. Resistance to public officers, etc. 4. Killing in the prosecution of an unlawful or wanton act. 5. Killing in the prosecution of a lawful act, improperly performed, or performed without lawful authority.

BIG_DADDY · 04-03-2005, 12:35 AM

Quote:

Originally Posted by KS Smitty

Not a legal eagle by any means but it seems that this way the prosecution can get the perp to plea down to involuntary manslaughter and give them 5 years(?) versus charging them with involuntary manslaughter and them pleading down to something less.

It seems that most charges are usually pled down to something less, so at least this person will actually have to answer to what was the actual crime???

The justice system is so screwy in this country that it's hard to determine why certain charges are used for some crimes.

He is on America's most wanted for being in a speed contest. They said that anyone participating is such an event will be charged with murder if anyone is killed even if they didn't do it. That's ****ed up. Every day I lose more and more respect for our legal system.

BIG_DADDY · 04-03-2005, 12:38 AM

Quote:

Originally Posted by Cochise

I would think that should fall under manslaughter.

Per the Val. penal code:
Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.

[Manslaughter is...] unlawful killing of a human being without the malicious intent or premeditation, either express or implied, required for murder. Manslaughter is a reckless killing or one done in the heat of the moment. The cases of manslaughter may be classified as those killings resulting from: 1. Provocation. 2. Mutual combat. 3. Resistance to public officers, etc. 4. Killing in the prosecution of an unlawful or wanton act. 5. Killing in the prosecution of a lawful act, improperly performed, or performed without lawful authority.

IT was enought o land him on America's Most Wanted and he never hit anyone he was just in a speed contest. You know how many speed contests I was in as a kid, many. I can't even imagine the other guy losing control and me getting charged with murder, what a joke.

Eleazar · 04-03-2005, 12:41 AM

Quote:

Originally Posted by BIG_DADDY

IT was enought o land him on America's Most Wanted and he never hit anyone he was just in a speed contest. You know how many speed contests I was in as a kid, many. I can't even imagine the other guy losing control and me getting charged with murder, what a joke.

Charge the guy who did it with manslaughter... get the other guy for reckless something or other...

KS Smitty · 04-03-2005, 12:42 AM

Quote:

Originally Posted by BIG_DADDY

He is on America's most wanted for being in a speed contest. They said that anyone participating is such an event will be charged with murder if anyone is killed even if they didn't do it. That's ****ed up. Every day I lose more and more respect for our legal system.

I agree, that's way wrong. I agree that our legal system needs to re-evaluate what are heinous crimes (especially child molesters) and what aren't. Charging some dude for murder because they were racing and didn't expect a person to be in the roadway (I am assuming that's where the race was taking place) is just as wrong as letting Chester the Molester get a job as a custodian at the local grade school so he can scope out likely prospects. And NO WAY should that guy be on America's Most Wanted. Is the law you mentioned a federal law or just the state he was in?

**J Diddy** · 04-03-2005, 12:45 AM

[QUOTE=KS Smitty]Charging some dude for murder because they were racing and didn't expect a person to be in the roadway QUOTE]

Yeah that's wrong.

Unless you're the person innocently walking across the roadway.

KS Smitty · 04-03-2005, 12:48 AM

[QUOTE=J Diddy]

Quote:

Originally Posted by KS Smitty

Charging some dude for murder because they were racing and didn't expect a person to be in the roadway QUOTE]

Yeah that's wrong.

Unless you're the person innocently walking across the roadway.

If they were racing, the sound of screaming engines should have given them ample warning. Don't get me wrong I'm sorry as hell someone died, that always sucks, but it's kind of like folks that get hit by trains...are they paying ANY attention to WTF is going on around them?

BIG_DADDY · 04-03-2005, 12:48 AM

Quote:

Originally Posted by Cochise

Charge the guy who did it with manslaughter... get the other guy for reckless something or other...

I agree

BIG_DADDY · 04-03-2005, 12:50 AM

[QUOTE=J Diddy]

Quote:

Originally Posted by KS Smitty

Charging some dude for murder because they were racing and didn't expect a person to be in the roadway QUOTE]

Yeah that's wrong.

Unless you're the person innocently walking across the roadway.

The other guy lost control of his vehicle adn hit a woman who was crossing a side street. I still don't know how you charge the other guy with murder that's freakin ridiculous.

KS Smitty · 04-03-2005, 12:52 AM

Quote:

Originally Posted by KS Smitty

If they were racing, the sound of screaming engines should have given them ample warning. Don't get me wrong I'm sorry as hell someone died, that always sucks, but it's kind of like folks that get hit by trains...are they paying ANY attention to WTF is going on around them?

And before we go too much further, I had a friend that I grew up with that got pasted by a car when he was flying up a "major arterial" way over the speed limit on his motorcycle and got hit by a car that pulled out in front of him because they had no idea he was going that fast. It certainly wasn't the cars' driver that hit him fault.

**Bob Dole** · 04-03-2005, 12:56 AM

Quote:

Originally Posted by J Diddy

Unless you're the person innocently walking across the roadway.

Pedestrians are never innocent.

There's a reason they're not driving a car.

04-02-2005, 11:54 PM
BIG_DADDY THE RED MENACE Join Date: Aug 2000 Location: Texas Casino cash: $4968410	America's Most Wanted So I am checking it out tonight and they put on this last story. Two guys drag race and one of them loses control and strikes a women and kills her, both cars take off. Now I know if you drive off and leave somebody like that even if you were not the driver who did it there has to be a pretty serious price to pay however I never expected what came next. He was charged with murder. Charged with murder? WTF? Apparently if you engage in a speed contest and anyone dies you are charged with murder. Is it any wonder people take off and leave people like that, they don't have any choice. Every day I get more disgusted with our legal system, this is just the most thing to blow me away.
Posts: 32,387

04-03-2005, 12:07 AM	#2
DanT Veteran Join Date: Sep 2000 Location: Davis, CA Casino cash: $4301711	Would there have been a murder charge if the driver hadn't taken off?
Posts: 4,231

04-03-2005, 12:32 AM	#4
KS Smitty Cool as a Cucumber Join Date: Feb 2001 Location: on the edge Casino cash: $3666717	Not a legal eagle by any means but it seems that this way the prosecution can get the perp to plea down to involuntary manslaughter and give them 5 years(?) versus charging them with involuntary manslaughter and them pleading down to something less. It seems that most charges are usually pled down to something less, so at least this person will actually have to answer to what was the actual crime??? The justice system is so screwy in this country that it's hard to determine why certain charges are used for some crimes. __________________ A D with Sneed is a D indeed.
Posts: 3,822

04-03-2005, 12:34 AM	#5
Eleazar Beyond the Rapids Join Date: May 2003 Location: Langley, VA Casino cash: $-370000	I would think that should fall under manslaughter. Per the Val. penal code: Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. [Manslaughter is...] unlawful killing of a human being without the malicious intent or premeditation, either express or implied, required for murder. Manslaughter is a reckless killing or one done in the heat of the moment. The cases of manslaughter may be classified as those killings resulting from: 1. Provocation. 2. Mutual combat. 3. Resistance to public officers, etc. 4. Killing in the prosecution of an unlawful or wanton act. 5. Killing in the prosecution of a lawful act, improperly performed, or performed without lawful authority.
Posts: 80,659

04-03-2005, 12:45 AM	#10
J Diddy Don't Be A Dick Join Date: Aug 2001 Location: Joplin Casino cash: $6757192	[QUOTE=KS Smitty]Charging some dude for murder because they were racing and didn't expect a person to be in the roadway QUOTE] Yeah that's wrong. Unless you're the person innocently walking across the roadway.
Posts: 33,653