Being a victim of a drunk driver for 33 years and experiencing all the excuses and hypocrisies present by not only individuals, but by our justice system and society in general concerning alcohol and its abuse. These tragedies that are from time to time emphasized because of their severity of such news programs in 60 minutes and others with an attempt to make an impact really accomplish no more than a simple spit into the wind. The fact remains until our society including the entertainment industry, the politicians, the laws themselves which need to be much more effective, the sports industry etc. become united in the fight to address such stupid and inappropriate behavior little will be accomplished. It's like the analogy a few steps forwards, but 10 steps backwards. Although it is necessary for victims and advocates keep trying.
The government of the people, by the people, and for the people has been replaced by the government VERSUS the people; and the "Newspeak" created by them is altering the language to be used against us!
Kathleen Rice is yet another single-issue, power-mongering politico. She is using fear, anguish and vengeance to push her agenda to re-define murder to fit her particular cause. And with the unbridled license afforded a prosecutor's office in obtaining indictments from a "grand" jury (no opposing arguments are allowed) she is free to present anything she likes (pertinent or not) to achieve her goal. No wonder famed litigator, Gerry Spence, once noted that a grand jury could "indict a ham sandwich" if it wanted to.
Lastly, though, let's follow Ms. Rice's agenda to its logical conclusion-- if death-related DUI is universally accepted as murder, then every person- EVERY PERSON- ever accused of DUI could also be indicted for attempted murder! Sounds more like the reign of Prince John than the U.S.A... and as if our prisons weren't over-filled already.
When justice FOR ALL and mercy are absent from our court system, only the unjust and the merciless shall prevail.
I think people in general don't have ANY COMMENT SENSE. Here's an opportunity to make it save on the road by putting a heavy penality on drunk drivers who are killing our love ones who we will never see again! Then all of a sudden, there are questions about: well, what about the elderly / people texting or using their cell phone while driving which can cause an accident? Let's deal with one issue at a time, if there's an opportunity to minimize driving while under the influence, then let's NOT drop the ball by bringing everything else into the mix! If one problem can be solved (if not minimized), we can all work out all the other problems one-by-one which need to be addressed! There's a poem which goes like this:
MADD (Mothers Against Drunk Drivers)
WENT TO A PARTY MOM
I went to a party,
And remembered what you said.
You told me not to drink, Mom,
So I had a sprite instead.
I felt proud of myself,
The way you said I would
That I didn?t drink and drive,
Though some friends said I should.
I made a healthy choice,
And your advice to me was right.
The party finally ended,
And the kids drove out of sight.
I got into my car,
Sure to get home in one piece.
I never knew what was coming, Mom,
Something I expected least.
Now I?m lying on the pavement,
And I hear the policeman say,
The kid that caused this wreck was drunk,
Mom, his voice seems far away.
My own blood?s all around me,
As I try hard not to cry.
I can hear the paramedic say,
This girl is going to die.
I?m sure the guy had no idea,
While he was flying high.
Because he chose to drink and drive,
Now I would have to die.
So why do people do it, Mom
Knowing that it ruins lives?
And now the pain is cutting me,
Like a hundred stabbing knives.
Tell sister not to be afraid, Mom
Tell daddy to be brave.
And when I go to heaven,
Put ?Mommy?s Girl? on my grave.
Someone should have taught him,
That it?s wrong to drink and drive.
Maybe if his parents had,
I?d still be alive.
My breath is getting shorter,
Mom I?m getting really scared
These are my final moments,
And I?m so unprepared.
I wish that you could hold me Mom,
As I lie here and die.
I wish that I could say, ?I love you, Mom!?
So I love you and good-bye.
Read it a weep people - I wonder how you will react if it was one of your own!
I think people in general don't have ANY COMMENT SENSE. Here's an opportunity to make it save on the road by putting a heavy penality on drunk drivers who are killing our love ones who we will never see again! Then all of a sudden, there are questions about: well, what about the elderly / people texting or using their cell phone while driving which can cause an accident? Let's deal with one issue at a time, if there's an opportunity to minimize driving while under the influence, then let's NOT drop the ball by bringing everything else into the mix! If one problem can be solved (if not minimized), we can all work out all the other problems one-by-one which need to be addressed! There's a poem which goes like this:
MADD (Mothers Against Drunk Drivers)
WENT TO A PARTY MOM
I went to a party,
And remembered what you said.
You told me not to drink, Mom,
So I had a sprite instead.
I felt proud of myself,
The way you said I would
That I didn?t drink and drive,
Though some friends said I should.
I made a healthy choice,
And your advice to me was right.
The party finally ended,
And the kids drove out of sight.
I got into my car,
Sure to get home in one piece.
I never knew what was coming, Mom,
Something I expected least.
Now I?m lying on the pavement,
And I hear the policeman say,
The kid that caused this wreck was drunk,
Mom, his voice seems far away.
My own blood?s all around me,
As I try hard not to cry.
I can hear the paramedic say,
This girl is going to die.
I?m sure the guy had no idea,
While he was flying high.
Because he chose to drink and drive,
Now I would have to die.
So why do people do it, Mom
Knowing that it ruins lives?
And now the pain is cutting me,
Like a hundred stabbing knives.
Tell sister not to be afraid, Mom
Tell daddy to be brave.
And when I go to heaven,
Put ?Mommy?s Girl? on my grave.
Someone should have taught him,
That it?s wrong to drink and drive.
Maybe if his parents had,
I?d still be alive.
My breath is getting shorter,
Mom I?m getting really scared
These are my final moments,
And I?m so unprepared.
I wish that you could hold me Mom,
As I lie here and die.
I wish that I could say, ?I love you, Mom!?
So I love you and good-bye.
Read it a weep people - I wonder how you will react if it was one of your own!
I'm not sure we should taint the charge of murder by lumping drunk driving under it. However, clearly the current course is not working either. The plea bargining and high variations in sentencing erode the effectiveness of the current charges. We don't need to call it something else. The problem is with the courts taking too long to prosecute, being to lenient, plea bargaining, etc. The larger problem is a social one. People don't feel like they are part of a greater society where they should actually moderate their behavior for other people's benefit. Drunk driving is just one of many examples. I work in an upper middle class environment and many of my co workers kids are on some sort of probation. Call me old-fashioned, but involvement with the justice system was an extreme exception, not a rite of passage. Corrupt governments, excessive greed, divisive politics, high crime, disillusionment with religion, ineffectiveness of the judicial system and a high velocity of change among other things have all eroded our sense of society. As a result, people are disenfranchised and often just plain immoral and careless.
No matter how you kill someone, it is a PERSONAL CHOICE to put yourself in the position to cause a death. Society lacks personal responsibility for their lives today. Making the instrument (car, knife, gun, etc) used in a crime the object of change will NOT change the personal responsibility needed to NOT use that instrument in the first place. Making the consequences for your actions tougher or having the consequences actually followed should have a greater affect because people are concerned more with self than other people's feelings.
Totally removing the instruments or causal factors (liquor, drugs-legal or not, cell phones) from society will not help because it is still a PERSONAL CHOICE to use them in a criminal fashion. If you make something "fool proof" only "FOOLS" will use it.
Yes, there are true "accidents" that occur. Life is a mix of good and bad.
My daughter was murdered by a drunk driver. He chose to get in his truck and drive drunk, weaving all over the road, half conscious. You tell me that's not depraved indifference. Tell me that's not murder. Tell me to my face, look into my eyes and tell me "you didn't mean to do it".
The precise definition of murder varies from jurisdiction to jurisdiction. Under the Common Law, or law made by courts, murder was the unlawful killing of a human being with malice aforethought. The term malice aforethought did not necessarily mean that the killer planned or premeditated on the killing, or that he or she felt malice toward the victim. Generally, malice aforethought referred to a level of intent or reck-lessness that separated murder from other killings and warranted stiffer punishment.
The definition of murder has evolved over several centuries. Under most modern statutes in the United States, murder comes in four varieties: (1) intentional murder; (2) a killing that resulted from the intent to do serious bodily injury; (3) a killing that resulted from a depraved heart or extreme recklessness; and (4) murder committed by an Accomplice during the commission of, attempt of, or flight from certain felonies.
Some jurisdictions still use the term malice aforethought to define intentional murder, but many have changed or elaborated on the term in order to describe more clearly a murderous state of mind. California has retained the malice aforethought definition of murder (Cal. Penal Code ? 187 [West 1996]). It also maintains a statute that defines the term malice. Under section 188 of the California Penal Code, malice is divided into two types: express and implied. Express malice exists "when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature." Malice may be implied by a judge or jury "when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart."
I am totally on the side of cracking down on the DUI issue, don't get me wrong when I continue to say that driver's as a whole need to also drive defensively, meaning trust NO ONE. There are certain times of night or holiday weekends when I know to be on watch out for other drivers that may be intoxicated. It's sad to have to come to that, but being aware of this can maybe also help save some lives. Just because a person is driving, doesn't mean that person has a right to be on the road in the first place.. It's a privilege.. And unfortunately many of us perhaps take that for granted.
My name is Carrie Ward. I am a first time offender, DUI. I could have pled out to a wet & reckless but I chose to take it to trial and let a jury decide. I was willing to take the ultimate punishment if found guilty, in which I was. Mine wasn't for alcohol believe it or not, it was because of prescription medication. I've always been against drunk driving, and now I know that it's not just alcohol that can impair one's driving. Luckily in my case nobody was hurt or in any danger. Thank God. Somehow I got lost and ended up at the back gate of the Camp Pendleton Marine Core base in a lane that wasn't open yet. My actions scared me and was a rude awakening, but an awakening none-the-less. I do know that here in California once you get a DUI, you are also warned that the next time (hopefully there won't be) you can be charged with MURDER. I totally agree with this. Alcohol and drugs impair one's judgement and a vehicle can easily become a weapon, just the same as giving a drunk or high person a loaded weapon. I've learned a lot just in the 3 month alcohol and drug program ordered by the court. One of the things I've learned is that there is no charge or prison sentence big or long enough to scare me. The thought of killing someone is the worst possible thing that could happen and that is way worse than going to prison. I served 58/90 days in jail only to learn that the female detention center here in San Diego isn't even as bad as I thought. Anyhow my point is, once driver's have been warned that's it in my opinion. I don't want someone's death over my head. Even if I killed someone and that person's family could forgive me, I would not be able to forgive myself. As mad as this all gets me...The one thing I've come to realize is that I just need to worry about myself. Should a situation arise perhaps I could stop someone else, but it's unlikely, so I just know that I will not ever drink and drive, or take a prescription from someone else even if I think I "know" what it is.
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The government of the people, by the people, and for the people has been replaced by the government VERSUS the people; and the "Newspeak" created by them is altering the language to be used against us!
Kathleen Rice is yet another single-issue, power-mongering politico. She is using fear, anguish and vengeance to push her agenda to re-define murder to fit her particular cause. And with the unbridled license afforded a prosecutor's office in obtaining indictments from a "grand" jury (no opposing arguments are allowed) she is free to present anything she likes (pertinent or not) to achieve her goal. No wonder famed litigator, Gerry Spence, once noted that a grand jury could "indict a ham sandwich" if it wanted to.
Lastly, though, let's follow Ms. Rice's agenda to its logical conclusion-- if death-related DUI is universally accepted as murder, then every person- EVERY PERSON- ever accused of DUI could also be indicted for attempted murder! Sounds more like the reign of Prince John than the U.S.A... and as if our prisons weren't over-filled already.
When justice FOR ALL and mercy are absent from our court system, only the unjust and the merciless shall prevail.
Be afraid, America! Be very afraid!
MADD (Mothers Against Drunk Drivers)
WENT TO A PARTY MOM
I went to a party,
And remembered what you said.
You told me not to drink, Mom,
So I had a sprite instead.
I felt proud of myself,
The way you said I would
That I didn?t drink and drive,
Though some friends said I should.
I made a healthy choice,
And your advice to me was right.
The party finally ended,
And the kids drove out of sight.
I got into my car,
Sure to get home in one piece.
I never knew what was coming, Mom,
Something I expected least.
Now I?m lying on the pavement,
And I hear the policeman say,
The kid that caused this wreck was drunk,
Mom, his voice seems far away.
My own blood?s all around me,
As I try hard not to cry.
I can hear the paramedic say,
This girl is going to die.
I?m sure the guy had no idea,
While he was flying high.
Because he chose to drink and drive,
Now I would have to die.
So why do people do it, Mom
Knowing that it ruins lives?
And now the pain is cutting me,
Like a hundred stabbing knives.
Tell sister not to be afraid, Mom
Tell daddy to be brave.
And when I go to heaven,
Put ?Mommy?s Girl? on my grave.
Someone should have taught him,
That it?s wrong to drink and drive.
Maybe if his parents had,
I?d still be alive.
My breath is getting shorter,
Mom I?m getting really scared
These are my final moments,
And I?m so unprepared.
I wish that you could hold me Mom,
As I lie here and die.
I wish that I could say, ?I love you, Mom!?
So I love you and good-bye.
Read it a weep people - I wonder how you will react if it was one of your own!
Maria
MADD (Mothers Against Drunk Drivers)
WENT TO A PARTY MOM
I went to a party,
And remembered what you said.
You told me not to drink, Mom,
So I had a sprite instead.
I felt proud of myself,
The way you said I would
That I didn?t drink and drive,
Though some friends said I should.
I made a healthy choice,
And your advice to me was right.
The party finally ended,
And the kids drove out of sight.
I got into my car,
Sure to get home in one piece.
I never knew what was coming, Mom,
Something I expected least.
Now I?m lying on the pavement,
And I hear the policeman say,
The kid that caused this wreck was drunk,
Mom, his voice seems far away.
My own blood?s all around me,
As I try hard not to cry.
I can hear the paramedic say,
This girl is going to die.
I?m sure the guy had no idea,
While he was flying high.
Because he chose to drink and drive,
Now I would have to die.
So why do people do it, Mom
Knowing that it ruins lives?
And now the pain is cutting me,
Like a hundred stabbing knives.
Tell sister not to be afraid, Mom
Tell daddy to be brave.
And when I go to heaven,
Put ?Mommy?s Girl? on my grave.
Someone should have taught him,
That it?s wrong to drink and drive.
Maybe if his parents had,
I?d still be alive.
My breath is getting shorter,
Mom I?m getting really scared
These are my final moments,
And I?m so unprepared.
I wish that you could hold me Mom,
As I lie here and die.
I wish that I could say, ?I love you, Mom!?
So I love you and good-bye.
Read it a weep people - I wonder how you will react if it was one of your own!
Maria
Totally removing the instruments or causal factors (liquor, drugs-legal or not, cell phones) from society will not help because it is still a PERSONAL CHOICE to use them in a criminal fashion. If you make something "fool proof" only "FOOLS" will use it.
Yes, there are true "accidents" that occur. Life is a mix of good and bad.
My daughter was murdered by a drunk driver. He chose to get in his truck and drive drunk, weaving all over the road, half conscious. You tell me that's not depraved indifference. Tell me that's not murder. Tell me to my face, look into my eyes and tell me "you didn't mean to do it".
The precise definition of murder varies from jurisdiction to jurisdiction. Under the Common Law, or law made by courts, murder was the unlawful killing of a human being with malice aforethought. The term malice aforethought did not necessarily mean that the killer planned or premeditated on the killing, or that he or she felt malice toward the victim. Generally, malice aforethought referred to a level of intent or reck-lessness that separated murder from other killings and warranted stiffer punishment.
The definition of murder has evolved over several centuries. Under most modern statutes in the United States, murder comes in four varieties: (1) intentional murder; (2) a killing that resulted from the intent to do serious bodily injury; (3) a killing that resulted from a depraved heart or extreme recklessness; and (4) murder committed by an Accomplice during the commission of, attempt of, or flight from certain felonies.
Some jurisdictions still use the term malice aforethought to define intentional murder, but many have changed or elaborated on the term in order to describe more clearly a murderous state of mind. California has retained the malice aforethought definition of murder (Cal. Penal Code ? 187 [West 1996]). It also maintains a statute that defines the term malice. Under section 188 of the California Penal Code, malice is divided into two types: express and implied. Express malice exists "when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature." Malice may be implied by a judge or jury "when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart."
My actions scared me and was a rude awakening, but an awakening none-the-less. I do know that here in California once you get a DUI, you are also warned that the next time (hopefully there won't be) you can be charged with MURDER. I totally agree with this. Alcohol and drugs impair one's judgement and a vehicle can easily become a weapon, just the same as giving a drunk or high person a loaded weapon. I've learned a lot just in the 3 month alcohol and drug program ordered by the court. One of the things I've learned is that there is no charge or prison sentence big or long enough to scare me. The thought of killing someone is the worst possible thing that could happen and that is way worse than going to prison. I served 58/90 days in jail only to learn that the female detention center here in San Diego isn't even as bad as I thought.
Anyhow my point is, once driver's have been warned that's it in my opinion. I don't want someone's death over my head. Even if I killed someone and that person's family could forgive me, I would not be able to forgive myself.
As mad as this all gets me...The one thing I've come to realize is that I just need to worry about myself. Should a situation arise perhaps I could stop someone else, but it's unlikely, so I just know that I will not ever drink and drive, or take a prescription from someone else even if I think I "know" what it is.