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The ramblings of a restless mind (Page 9)

gilmores IF-Stunnerz

Joined: 30 June 2005
Posts: 28756

Posted: 07 May 2015 at 12:54am | IP Logged
Originally posted by desigal90

Oh yeah, I never denied that it was irresponsible. And of course, most of us here weren't saying you can be exempted based on drinking. Just wondering what alternate means of punishment could be employed in such a case. And like most of the folks on here mentioned, monetary compensation just puts the rich at a huge advantage. The poor couldn't possibly afford that, so it would make no sense for the rich to just pay up while the poor man compensates with jail time. 

The only other alternate punishment I can think of is community service...but wouldn't that just let Salman off very easy? He may not have had intent to kill, but what he did was illegal and did result in loss of life. Not to mention the way he reacted AFTERWARDS...running from the scene, planting witnesses/buying off witnesses, perjury, etc. He didn't show any genuine repentance over the years did he? So why should he be let off easier?

Also, then people will Salman and say that he got an alternate punishment and no jail time, so I should too. My crime is not as bad. Not to mention, it sends out the idea that do whatever you want, if Salman got away with it, you will too. 

Edited by chocolover89 - 07 May 2015 at 12:54am

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sharif_lafungi IF-Sizzlerz

Joined: 22 September 2013
Posts: 20784

Posted: 07 May 2015 at 1:01am | IP Logged
nd another point y punishment is necessary coz it will set example to many...
if salman got escape frm this... indian judiciary system will go to drains

Edited by Au_Revoir - 07 May 2015 at 1:01am

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DianaPrince IF-Sizzlerz

Joined: 26 July 2010
Posts: 21246

Posted: 07 May 2015 at 1:08am | IP Logged
The maximum punishment for 304A is 10 years
he got 5. He has black buck on his head too.
Wasting courts time,lying and blaming driver

5 years is good.

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guftagoo IF-Rockerz

Joined: 29 January 2015
Posts: 5242

Posted: 07 May 2015 at 1:48am | IP Logged
I don't understand this when people say, what's the use of putting him behind bars after so long etc...etc..People use their muscle power, monetary power , brains...almost everything and try their best to get away with the sentence. Sometimes, it keeps on dragging depending on the power of involved parties. So yeah, if justice has to prevail it needs to raise above all that and convict the criminals. The process is tedious but doesn't mean one should get away with the sentence altogether. That way, our already crippled society will only get worse.

It can not be just about the compensation...If you see the larger picture, criminals affect the society as a whole, so they need to be punished according to the law for creating disturbance. Even if it happens after numerous delays. Only compensation will not instill fear amongst the other rich and influential criminals. They need to be punished for creating chaos in the society.

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AllBlacks1 IF-Sizzlerz

Joined: 30 October 2013
Posts: 13415

Posted: 07 May 2015 at 2:19am | IP Logged
U can never compare drink driving with "careless moments in driving" like texting, eating, changing CDs, or if the child on back seat behaving badly... COZ
when the accident occur in those situations, and god forbid, some1 even dies... the cops can tell by ur shaken behaviour that it was just a mistake. If u tell the truth, and show natural remorse that comes with it, its all been taken into account. As I said, no 2 cases r same... may be similar but not the same. That's why court decides on verdict and sentence. 

Driving under influence is whole new ball-game.. anybody who drinks like myself.. knows that it does impair judgement. Alcohol is widely acceptable in western culture.. heck even more than smoking. And there r so much awareness around it. The first one is.. "dont drink and drive" and now the tv ads say "dont drink and fry" means dont cook when u r drunk.. coz u might fall asleep and fire can take away everything that u have.. inc. ppls' lives. 

A moment of distraction happens coz we r humans, and thats why the accidents. But if u r aware that U r drunk and should not be driving, thats the first minus in ur check list. Doesnt matter how good and safe driver U r.. if u come across a check post and fail the breathlizer test, U r done. For a first time offender, its some $ 600 and a court appearance. U may held ur licence. But for repeat offenders, It can go upto years in jail.. Its a serious crime. Alcohol is "downer" in drugs check list.. coz its a depressant ... but its in body n brains, its very powerful.. it enhances all the emotions to several levels.. a sad person wud cry, a happy person wud dance, a tired person relaxes, a bored person get excited, 2 strangers can hook up for one night stand, a cheated person can go on onto harm himself/herself or others... the list just goes on. 

Its that state of mind that can cause chaos.. depends on the mood of the person behind the wheel.. on high speed, it stimulate the mind even further.. giving false feeling of being "bullet proof" and one road rage incident can multiply that to 10. Guys try to act superman (the car chases of HW movies) and girls want to be guys (no less than them). This is all b4 the accident happens. 

When the car comes to stop.. and bells ringing in head.. or complete silence... is when u realize something terrible happened. And u just wanna get the hell out of from the clutches of law.. yes, alcohol can do that. Thats why normally cops in such accidents just take the blood samples and let the person detox in a cell and then take the statements afterwards.. most of the times they r just blacked out as to what happened. 

There r different effects on brain with other drugs.. some can make u wide alert for 4 days without any sleep and some can make u sleep for 4 days str8. 

So, thats the small details.. LOL how it works. 

U cant compare it to temporary distractions while driving.. its much more than that. And it has past ,present and future. 

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AllBlacks1 IF-Sizzlerz

Joined: 30 October 2013
Posts: 13415

Posted: 07 May 2015 at 2:43am | IP Logged
In Salman's case.. 
The details r all there. Its not actually what happened b4 and at the time of accident. It's actually what happened happened after that. For 13 long years. That makes him monster. Not just a boy who drank and drove wildly. 5 years is ok for that incident only. If Mr Patil's case is opened, he should go in for life. Let alone his other adavntours.

Lots of dramas will unfold ... but I m happy for Indian judiciary system for now.. more or less. 

Salman is not just a drunk driver, hit-n-run case... its much more than that. The msg had to be given. 

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bips IF-Dazzler

Joined: 22 April 2005
Posts: 4871

Posted: 07 May 2015 at 4:24am | IP Logged
Desigal, the problem with this reasoning is that it goes against the very foundation of the law - that everyone is equal in the eyes of law.

Which means that a rich person can pay compensation to the victim but what if a middle class or not so rich person was driving the car.?

He cannot pay money. So he will have to go to jail. Which means that the justice system is skewed even more in favour of the rich.

The indian legal system is faulty but the american legal sytem based on plea bargains is equally faulty. It is beyond doubt favouring the rich

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ibelieveinpink IF-Stunnerz

Joined: 25 September 2006
Posts: 32528

Posted: 07 May 2015 at 5:47am | IP Logged
I think the case you gave, they probably did an out of court settlement right? Or did she plead non-guilty. Anywho, if it happened in the US there's a lot of grey area that the defense attorney( if smart) can work with.
I see what you're saying but I think a crime is a crime. It shouldn't have taken 13 years. And the law would have been more sympathetic 13 years ago if Salman had confessed, did his few months to a couple of years and started a charity foundation in the names of the victims or helped out the families in any way he could.

The thing with the girl--she was robaly young, naive so they can argue that in court and ask forgiven in exchange for some money or a lesser punishment like 500 hours community service. Salman was a grown man so the law would be stricter. But he and his defense team took everyone on a ride so it's so hard to be sympathetic.

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