Doesn't a charge of attempted murder require mens rea?
There are different degrees of homicide.
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Doesn't a charge of attempted murder require mens rea?
Exactly. If there was no intent to kill, it seems to me manslaughter or gross negligence would be the more appropriate charge.
When did this happen?We used to take positive steps to 'fix' offenders, and take steps to prevent re-offense.
In Maryland state, USA, in the '70s, we used to have methadone programs for heroin addicts and Antabuse programs for drunk drivers. Judges would sentence offenders to these programs. The offenders would report to a dispensary every morning and drink the prescribed drug in front of a witness.
There were problems with the methadone programs, but, as far as I know, the Antabuse program worked well with most offenders. They were rendered physically incapable of tolerating alcohol. As much as they might want to drink, any attempt to do so rendered them violently ill.
Why are such successful programs no longer in place?
Prison-industrial complex?
This is a myth perpetuated by people who do not understand how the judicial system works.Prison-industrial complex?
http://www.nbcdfw.com/news/local/We...to-Life-in-Prison-for-10th-DWI-366068451.html
"A 62-year-old Weatherford, Texas man was sentenced to life in prison Wednesday after pleading guilty to his 10th driving while intoxicated offense."
"District Judge Craig Towson told Ivy Ray Eberhardt he was "a second away from hurting someone really badly" as he announced the sentence, according to a news release issued by Parker County district attorneys."
I say this is appropriate, given the danger this guy poses.
But it's harsh.
Too harsh?
http://www.nbcdfw.com/news/local/We...to-Life-in-Prison-for-10th-DWI-366068451.html
"A 62-year-old Weatherford, Texas man was sentenced to life in prison Wednesday after pleading guilty to his 10th driving while intoxicated offense."
"District Judge Craig Towson told Ivy Ray Eberhardt he was "a second away from hurting someone really badly" as he announced the sentence, according to a news release issued by Parker County district attorneys."
I say this is appropriate, given the danger this guy poses.
But it's harsh.
Too harsh?
Considering he cut off an in-home anklet and fled the state, and because you can't actually force someone to go to rehab, he either needs to go to jail for life or an institution for life. And you have to consider, at 62 it's very unlikely he'll change given his age and that he has such a problem with it. He clearly poses a great danger to himself and others, and lesser methods have not worked.Or the cheaper route of preventing his drinking while he continues to function as a productive member of society.
It's a huge problem.....about 10,000 deaths/year.I'm not saying that he deserved it, but it is not an unfair sentence.
I think the driving license should be taken away way before that instead of waiting this long and smack him with a life in prison!
I hear traffic accidents due to drink driving is high in USA. Is this true?
Ah, I keep reminded how glad I am for having alcohol banned where I live.
If he dies quickly in prison, that'll save taxpayer money too.He's 62. I think any sentence that is bound to be both appropriate yet perhaps less than harsh would end up being a life sentence anyway. I very seriously doubt he'd make it 20 years. And if the drinking had made any lasting impact on his liver, I'd be surprised if he lasted even 10.
Was he never put on an Antabuse program?
Maybe if he'd been prevented from drinking the tragedy would never have happened.
Wouldn't it be better and less costly to prevent problems rather than punish people for their medical conditions after the fact.
Why didn't they force him into rehab and therapy? I agree with the sentence, though. Drunk driving needs to be cracked down on.
Of course, the other aspect of drunk driving is that it's akin to walking out onto a public street, & randomly firing a gun.As far as the Antabuse program, it has to be on a voluntary bases. The only time I know that it worked on a semi-non-voluntary bases was in the Navy. We had this sailor who had a drinking problem, no NJP seemed to convince up to square away. The CO gave him a choice take Antabuse anytime he left the ship or remain aboard, it was his choice. It was administered by the OOD prior to him going ashore.
As to "been prevented from drinking". How are you going to stop someone from drinking without physically restraining them?
As far as rehab or therapy. It only works if the person wants it to work. Look at the examples of some of your Hollywood personalities for example. How many times do you hear about so and so being committed, either voluntarily or involuntarily, to rehab or therapy for the X number of times.
Remember alcoholism is a disease that can only be treated by a persons willing to be treated.