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drag racing = murder?

N

necro702

Banned
If your caught drag racing and some innocent person
is killed accidently then what should happen?

1. Murder charges

2. Manslaughter

3. Less charge

Is it okay for Law Enforcement to make examples out of people? Like if certain behavior usually results in
probabtion or very light punishment would it be OK to just say okay enough is enough. Now the same
behavior results in 30yrs imprisonment.


 
There is no intent per se, but I still don't think anything light should be handed out. I am not majorly anti-street racing, but then again there are tracks for a reason. I would say at least manslaughter or a lessor form of murder. Unless the person has a record, I don't see how severe punishment is going to prevent them from re-offending. More than likely they would never re-offend, but there has to be punitive results for their actions. I am of the mindset that manslaughter, vehicular homicide, or a lesser degree of murder is appropriate.
 
hehe i didn't do anything. I was just reading about these 2 guys from San Diego, Calif.

They are being tried on murder charges for drag racing. I believe Manslaughter
or vehicular homicide would be more appropriate.
 
Originally posted by: Marshallj
Murder charges would be too much, since they only intended to break a minor law and not murder someone.

What if someone else is breaking a minor law such as speaking on a cell phone where it is banned, and from not paying attention runs over someone? Should they also be treated harshly like the street racer because a death resulted from their carelessness?
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Good point. I know some states are really trying to crack down on it but murder charges is insane. Cruel and
unusual punishment.
 
You needn't prove or even have intent to kill to support a charge of murder. Intent and premeditation is only required for first degree murder while only intent but not premeditation is required for second degree murder.

Gross negligence and reckless actions can consitute depraved indifference to the life and safety of others. Its enough to support a conviction of murder in the third degree in some states or negligent homicide in virtually every state. Minnesota representatively defines murder in the third degree as:
609.195 Murder in the third degree.

(a) Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years.
Click to expand...
Fits street racing pretty well if you ask me.
Is it okay for Law Enforcement to make examples out of people? Like if certain behavior usually results in probabtion or very light punishment would it be OK to just say okay enough is enough. Now the same behavior results in 30yrs imprisonment.
Click to expand...
Times change, priorities change, the severity of a problem and its impact on society changes.

Street racing is certainly nothing new, neither are deaths and serious injuries from street racing. What is new, due to today's level of traffic congestion and the sheer number of idiots who can afford fast cars, are street racers killing and injuring those other than themselves.

Street racing was a fabled and romanticized activity in no small part because the risk was almost exclusively bore by those participating in street racing. Now that street racers are routinely killing innocent others including entire families just trying to get home from Walmart, it has lost the once-fabled image to that of common criminals.
 
Originally posted by: amdskip
Keep the racing on the track.
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In San Diego, A friend of mine was killed by such an incident. The person who hit him is being charged with second degree murder because...

Lawton is being charged with "second-degree murder and gross vehicular manslaughter while intoxicated," and faces 15 years to life in prison if convicted.

Ferreira's truck reached speeds of 93 mph, in a zone that was designated 40 mph. These figures were probably gathered from the ODB computer in the car. At the time of the event Ferreira had traces of the active ingredient contained in marijuana according to a blood test.

The fact that Ferreira was arrested for street racing 6 months earlier May 26, warrants gives malice as the motive, and thus the 2nd degree murder charge. Ferreira entered a plea of not guilty and is being held on 1 million dollars bail. The preliminary hearing was set for May 1.
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it's vehicular manslaughter. murder 2 may come into play, but that wont go though many juries unless something really REALLY bad happpend, like driving into a van\bus full of ppl. regular (that is, non vehicular specific) manslaughter charges may also hold. lesser charges will also be charged. however, someone died, unless that person was really doing something stupid, those less charges wont be the most substantial charge. other charges could include: wreckless endangerment, speeding, etc. by holding, i mean an actual guilty verdict.
 
Originally posted by: necro702
hehe i didn't do anything. I was just reading about these 2 guys from San Diego, Calif.

They are being tried on murder charges for drag racing. I believe Manslaughter
or vehicular homicide would be more appropriate.
Click to expand...
No poll and now no link to the story... Gawd
rolleye.gif
 
This could easily be charged as felony murder, and hence murder 1, in any jurisdiction that makes street racing a felony. Personally I do not take issue with this - street racing is known to be a highly dangerous activity, and it is foreseeable that someone could be killed.
 
You should say "street racing", as "drag racing" is usually referring to something done at a track w/ proper rules, equipment, and track setup. Street racing also includes running on back roads and other areas that aren't straight.
 
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