Originally posted by: IAmLuvBolly
@bold1: If it was truly an accident then I honestly don't know. On the one hand it was an accident and it could have happened to anyone, and the person didn't intentionally do anything wrong (and let me clarify that driving drunk means the person is intentionally putting themselves and others in harm's way).
Originally posted by: desigal90Thanks Neela Paani 🤗
And to the members who brought in the points that he may have been intoxicated during the incident, but not 13 years post it.TRUE.Very true actually. It was Salman in full conscience avoiding the court at that point and delaying the punishment.What do you guys feel about punishment for what can be called an "accident" as opposed to manslaughter with intent or a sexual crime?For instance, Pallavi, you mentioned the many cases in the states where teens get drunk and get into accidents.Drunk accidents are even more common on special occasions like New Years, for instances.Anyone aware of what the penalty is in the states for drunk driving?
Originally posted by: kitkatahaDesi gal : that's the same debate we had in class a couple of weeks back when we discussed intoxication manslaughter. It is an interesting topic altogether. I have limited insights as well when it comes to alcohol due to religious restriction (personal choice as well), however, here in the States, there are defenses like involuntary intoxication (rarely successful though). Temporary insanity under voluntary intoxication can also be used as a mitigating factor interestingly. The main defense to it is obviously "intention", as that's difficult to prove, which is why most cases end up amounting to recklessness and negligence.
Originally posted by: Saraa.Amazing post!
According to verdict, Salman is sentenced for 5 years but how can that help the victims? How will it help them? I don't think it will benefit them at all! I mean you're putting that guy on jail after 13 years! Trying to prove what? Justice still happens! Then you should also punish those rapists and killers who roam around free.
Providing the victims with enough money to lead a good life will help more!
Originally posted by: kitkatahaI've always thought that as well. 😆 if at all, alcohol should be used as a mitigating factor because it impairs your ability to judge 😆 its tricky, extremely tricky, which is why the criminal justice system, amounts that to recklessness/negligence. My argument is that jail time is deserved for crimes that carry the intent element. It's fair, deserved, and useful. However, for crimes that lack the mens rea, restorative justice should be adopted. Retribution at that point serves no purpose because the offender did not intentionally commit the crime...which is why probation/fine work better in those cases. Listening to a victim/victim's family and to see how their life has changed because of you is a traumatic experience in itself.
Salman's case is differnt altogether. He did not have a speedy trial, so his punishment of thirteen years letter will serve no goal. He's guilty..surely he is. No denying in that. The Courts, however, need to accept their negligence as well.
Originally posted by: desigal90
This is also something I've pondered.I don't drink due to religious restrictions, so I may have very limited insight about this.The whole reason you are told not to drink and drive is because it impairs your motor senses, right? Balance, etc.But drinking also impairs judgment. Its a sedative but removes inhibitions makes people indulge in more risky behaviors than they would normally indulge in sober.And now it may sound like I'm getting way too loopy but, can you hold someone accountable for the a DECISION made while intoxicated?I've seen some very rational friends of mine who call me after driving home after a late night party and I know they were drunk.But these are a few. Most of my friends already have designated drivers before they begin partying.To me it just seems like one big messy situation that goes around in circles.It would have been an accident if he lost control of the vehicle due to some other factor.He didn't mean to kill someone, so it was an accident in that sense, but it's NOT... because he put himself in that place.But the time at which he put himself in that place was a time when he was in that impaired mode. We don't punish minors because their judgment is impaired. But alcohol can theoretically impair anyone's judgement.Just always thought about this 😆
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