A Good Debate On Street Racing Crash In Ca

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manslaughter... murder in the 2nd degree is too much. They didn't have any intent of killing anyone. see, watching law & order everyday DOES payoff! :lol:
 
o yea i forgot to mention... dumbass's shouldn't have been racing in the middle of the day, especially on a open road. At least go somehwere industril at 2am like everyone else.
 
treat it no differently then if they were driving dunk and killed someone
the negligence is the same
 
what is the difference between manslaughter and second degree murder?

if i was the other guy, i wouldn't have turned myself in.....would u?
 
I say second degree murder, they know the hazards of street racing, they knew it was illegal, and then they killed someone.... However had they been drunk they would probably be charged with manslaughter.
 
MURDER, SECOND DEGREE - In order for someone to be found guilty of second degree murder the government must prove that the person killed another person; the person killed the other person with malice aforethought; and the killing was premeditated. Note that the elements are identical with those for 1st degree murder. The practical difference is the sentences are different. Which crime to charge is usually entirely up to the prosecutor’s discretion.
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When people are street racing,they aren't trying to kill someone,they are trying to win.So even if they knew the hazards,you can't say they intended to kill someone.

Manslaughter.
 
:werd: (manslaughter) ..just cause they WANT them to fry doesnt mean they can ignore the word of the law...and trying the other driver for murder is fucking ridiculous!
 
im definitly opposed to the 2nd degree murder charge....but Im not FOR the manslaughter charge. I really wouldnt want to see someone go to prison over stupidity.......But what i think is'nt fair is that the 3rd drivier was probally at fault soem too. I've been in a situation similar to this one but there was no accident involved. My friend and I were " play" racing each other ( as in the slow down to about 40 and then punch it to about 70 ) on the interstate one day... I was in the far left lane and he was in the middle lane. We had just started to slow down when some dick comes off of an exit ramp and shoots 3 lanes right in front of us and then slows down after he gets up to speed. Ive seen quite a few times where people have purposely cut other people off just for fun or to " be in first".......I KNOW people that do it to. I think....going by what these guys said .... is that the street is known for racing, it was obviously a night when alot of kids were out, given the situation i believe all three of the driviers were careless in there actions and that they should slap the driver in the accident with all the regular street racing penalties and fines, and something a little less major then manslaughter, and they should pop the other guy with the same but NOT of manslaughter or what ever they decide to convict him of. Just my 2 cents

And another thing.... if the speed limit was 55 and they were going 87.... how slow was the car that cut him off going?!?!?!
 
Originally posted by htrcivic96sir@May 17 2003, 09:14 AM
...going by what these guys said .... is that the street is known for racing, it was obviously a night when alot of kids were out, given the situation i believe all three of the driviers were careless in there actions and that they should slap the driver in the accident with all the regular street racing penalties and fines, and something a little less major then manslaughter, and they should pop the other guy with the same but NOT of manslaughter or what ever they decide to convict him of. Just my 2 cents

And another thing.... if the speed limit was 55 and they were going 87.... how slow was the car that cut him off going?!?!?!
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who cares if the street was known to be one where lots of racing took place its still fucking illegal. I think 2nd degree is a tad extreem because there is (imo) some blame to be placed on the saturn driver. It all depends on the situation i guess. i think they should try and figure out if they would have hit had the one racing been going 55. If so, then 2nd degree murder should be completly ruled out. if not.... eh, its a tuff call. charging the 2nd driver with the same thing in my mind is kinda fucked up... but i can see sorta where they are comming from. When u race you take a chance that u will kill/injure someone else or urself. What if the saturn had been comming turning on from the other side of the road? but at the same time it didnt happen like that so i dunno.
 
The driver that actually hit the car : 2nd degree murder
The driver that left and turned himself in : manslaughter

The reason for this is that what they were both doing is HIGHLY illegal, it would be the same as drinking/driving and killing someone, or being high and killing someone. It can be said that if they were not racing, the car that pulled out would have never gotten hit. Even if it did, the difference between hitting a car in the side going 25 and hitting a car in the side going 70+ is humongous. Bottom line : they knew what they were doing was wrong, voluntarily endangered other people's lives.
 
Originally posted by 98integrals Posted on May 17 2003@ 04:52 PM
.... eh, its a tuff call.
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No,it isn't.According to the law,there had to be intent.The intent of a street race,no matter how irresponsible and retarded it is,isn't to kill someone.Malice,aforethought and premeditation ane not present here,only irresponsibilty and stupidity.
 
Originally posted by 92b16vx@May 17 2003, 05:17 AM
the government must prove that the person killed another person; the person killed the other person with malice aforethought; and the killing was premeditated.
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more then likely the driver felt the exact polar oppisite of malice in the after thought. And as a prosicution you must charge them "by the law", not by what you want them to get. That is how our leagal system works. They probably tried to get a plea bargian with the inflated charge, watch the couseler call it and get them off. Assuming he's worth a shit. they should be sentenced to 88 ford tempos for the rest of there natural life.
 
Originally posted by Afipunk21@May 17 2003, 08:09 AM
The driver that actually hit the car : 2nd degree murder
The driver that left and turned himself in : manslaughter

The reason for this is that what they were both doing is HIGHLY illegal, ........ they knew what they were doing was wrong, voluntarily endangered other people's lives.
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:werd: Seriously, fucktards that race during the day in very populated areas on common roads deserve some shit, and when they actually do mess up and kill someone its all their fault. Its like playing russian roulet, you keep going hella fast on one road and racing illegal, then seriously someone will get hurt at one point.
 
i agree with Esol, there isnt a diff between drunk driver accidents, and street racing accidents... i mean i know you dont intend on killing the person but if you are doing sumthing illegal and kill someone (DD or SR) then you should be charged the same for it, if u were the parents of the people in the saturn would you want them to get like 5 years or life?
i personally think he should get life for murder... but thats me
 
Originally posted by Slammed89Integra@May 17 2003, 05:35 PM
and when they actually do mess up and kill someone its all their fault. Its like playing russian roulet, you keep going hella fast on one road and racing illegal, then seriously someone will get hurt at one point.
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Exactly why it is manslaughter,and not 2nd degree.
 
Originally posted by Slammed89Integra+May 17 2003, 11:35 AM-->
Slammed89Integra @ May 17 2003 said:
Afipunk21
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Slammed89Integra @ May 17 2003 said:
@May 17 2003, 08:09 AM
The driver that actually hit the car : 2nd degree murder
The driver that left and turned himself in : manslaughter

The reason for this is that what they were both doing is HIGHLY illegal, ........ they knew what they were doing was wrong, voluntarily endangered other people's lives.
Click to expand...

:werd: Seriously, fucktards that race during the day in very populated areas on common roads deserve some shit, and when they actually do mess up and kill someone its all their fault. Its like playing russian roulet, you keep going hella fast on one road and racing illegal, then seriously someone will get hurt at one point.
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again, it is not the place of the populas to ensure they "get what they deserve", that is vigalantism (sp?). They must be charged and tried in accordince with the law, not our opinion. So please, put you Punisher sweater down Casey Jones!

:lol:
 
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