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Justice?
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lostwanderingsoul
Well-Known Member
When you consider that many murderers and rapists and drug dealers get 5 to 10 years jail time this seems very excessive.
Secret Chief
Veteran Member
So, the end (in effect) of another life; except this time it is intentional.
It seems to me like it would be more reasonable to give a shorter number of years with the option to do military service instead. If he was rich he'd walk. Maybe. My question is why didn't the prosecutors consider this outcome and make fewer charges. I thought prosecutors did deals.
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It seems there already exists a process in the system to rectify the outlying exceptions in the system.
If this legal process doesn't fix the situation maybe then there would be cause to make a change.
There's an interesting sentencing disparity between
some professions. If a cop kills someone by accident,
they're unlikely to be prosecuted at all. But even if
they intentionally murder someone, they can still
escape punishment.
Truck drivers are held to a far higher standard than cops,
eg, hours worked, obeying traffic laws, safe driving.
Some thoughts....
In this case, the driver worked for a company that bears
much responsibility for his route, competence, load, truck
configuration, & truck condition.
It appears he was doing 85mph. Speed limit was 45mph
because of a steep downhill grade. Speed gain is consistent
with a truck unable to brake. (I have some white knuckle
experience with steep grades.)
His brakes failed. I speculate this was due to overheating
because of his heavy load (lumber), the grade, & lacking an
no engine brake. He, an inexperienced driver, should not
have been in that truck with that load on that route.
His employer should answer the question this raises.
He passed by a runaway truck ramp. (Sand/gravel that bogs
down trucks to a complete stop.) This is an inexcusable error.
The judge gave the least sentence allowable for each
charge. State law required consecutively served sentences.
This is where unfairness lies.
some professions. If a cop kills someone by accident,
they're unlikely to be prosecuted at all. But even if
they intentionally murder someone, they can still
escape punishment.
Truck drivers are held to a far higher standard than cops,
eg, hours worked, obeying traffic laws, safe driving.
Some thoughts....
In this case, the driver worked for a company that bears
much responsibility for his route, competence, load, truck
configuration, & truck condition.
It appears he was doing 85mph. Speed limit was 45mph
because of a steep downhill grade. Speed gain is consistent
with a truck unable to brake. (I have some white knuckle
experience with steep grades.)
His brakes failed. I speculate this was due to overheating
because of his heavy load (lumber), the grade, & lacking an
no engine brake. He, an inexperienced driver, should not
have been in that truck with that load on that route.
His employer should answer the question this raises.
He passed by a runaway truck ramp. (Sand/gravel that bogs
down trucks to a complete stop.) This is an inexcusable error.
The judge gave the least sentence allowable for each
charge. State law required consecutively served sentences.
This is where unfairness lies.
PureX
Veteran Member
Politicians make hay out of being "tough on crime", and have been doing it for many decades. They push through these absurd laws mandating maximum punishment as fodder for their election campaigns, and we vote for them because most of us believe we can't be too tough on criminals. We want them locked away forever, or put on work farms, or worse; whatever they did.
What surprises me is that the public is now shocked by the very legal extremes that they've been voting in favor of for 50 years, forever.
There are three important principles in the penal law science.
1) Seriousness of the crime: not all crimes have the same entity. A gun massacre is not the same as fraudulent bankruptcy.
2) Progressivity of the penalty: a consequence of 1). Since not all crimes are equal, the more the crimes are serious, the more the penalties become severe. According to a criterion of progressivity.
So...a judge cannot apply the same penalty for two very different crimes (manslaughter and bank robbery, for example)
3) Proportionality of the penalty. The penalty shall be proportionate to the seriousness of the crime.
If someone steals a car, they cannot get a life sentence, or the death penalty.
1) Seriousness of the crime: not all crimes have the same entity. A gun massacre is not the same as fraudulent bankruptcy.
2) Progressivity of the penalty: a consequence of 1). Since not all crimes are equal, the more the crimes are serious, the more the penalties become severe. According to a criterion of progressivity.
So...a judge cannot apply the same penalty for two very different crimes (manslaughter and bank robbery, for example)
3) Proportionality of the penalty. The penalty shall be proportionate to the seriousness of the crime.
If someone steals a car, they cannot get a life sentence, or the death penalty.
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Having said that...the Common law system is flawed.
Because it turns penal judges into tyrants who decide the destiny of a person on the basis of arbitrariness and bias.
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Twilight Hue
Twilight, not bright nor dark, good nor bad.
It is. Truck drivers are treated as second class citizens and the FMCSA regulatory environment as well as the corporate transportation wing is proof of that.
The Penal Code of my country is pretty clear.
There is a minimum of 7 years and a maximum of 12 years detention, for vehicular homicide.
In this case, this person wouldn't have got more than 10 years.
When the public clamors for laws, & legislators enact them,
seldom is much thought given to anything but their intent.
The unfortunates must live with unanticipated consequences.
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Aupmanyav
Be your own guru
I checked about Indian law, and I find them too lenient (but judgments include compensation as determined by the court).
“Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
“Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
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There is no proportionality...there is no justice...there is no logic.
Just arbitrariness.
This person (who is certainly to blame for great imprudence and negligence) cannot get a life sentence in the same America where OJ Simpson is free...considering that this last killed two people intentionally and with indescribable cruelty.
I can mention so many real murderers who are now free in the US.
Governor reduces sentence to 10 years.
Rogel Aguilera-Mederos: Colorado governor reduces sentence of truck driver who was given 110 years in fatal crash - CNN
Rogel Aguilera-Mederos: Colorado governor reduces sentence of truck driver who was given 110 years in fatal crash - CNN
When politicians work better than judges...
The governor has more power than a judge in this case.