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Passions in Poetry

Third-Degree Manslaughter

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Edward Grim
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since 12-18-2005
Posts 1112
Greenville, South Carolina


0 posted 06-25-2007 09:39 PM       View Profile for Edward Grim   Email Edward Grim   Edit/Delete Message      Find Poems   Click to visit Edward Grim's Home Page   View IP for Edward Grim

(It's either second-degree manslaughter or third degree, but I'm talking about killing someone on accident.)

Scenario:

Bob is driving home from work early: sober, refreshed and in possession of all his faculties. Bob is a safe driver, never had a ticket, never been pulled over; made a citizens arrest once on a jaywalker. The dude is a great guy; makes Smokey the Bear and Scruff McRuff look like thugs. But anyways, he's driving home. He's pulling up to a red light about fifty yards away when the light suddenly turns green. So obviously, he resumes the speed limit, five under the speed limit, to go through the green light. When... A pedestrian jumps in front of his car, intentionally or not, no one knows. The person is killed instantly and becomes abstract art on the asphalt. Bob calls the cops.

Should Bob be arrested for second (or third, I'm pretty dang sure it's third) degree manslaughter? Is that fair? He did nothing wrong; he killed someone with his vehicle, yes; but on no fault of his own. Should he really be sent to prison?


I'm just curious about what everybody thinks about it.

I mean if he was drunk, tired or mentally/physically unfit to operate a motor vehicle, then yes; haul him away for negligence. But by no fault of his own? I don't agree.

“Well all the apostles, they’re sittin’ on the swings, sayin’ I’d sell off my savior for a set of new rings.”

Local Rebel
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since 12-21-1999
Posts 5742
Southern Abstentia


1 posted 06-25-2007 09:49 PM       View Profile for Local Rebel   Email Local Rebel   Edit/Delete Message      Find Poems  View IP for Local Rebel

No negligent act, no violation of law.  A thorough investigtion is required however.

It doesn't matter if he was a Sunday-school teacher or an ex-con though Ed.  The only thing that matters are the facts of THIS case.
Edward Grim
Senior Member
since 12-18-2005
Posts 1112
Greenville, South Carolina


2 posted 06-25-2007 09:59 PM       View Profile for Edward Grim   Email Edward Grim   Edit/Delete Message      Find Poems   Click to visit Edward Grim's Home Page   View IP for Edward Grim

Hmm, I'm not sure I totally agree with ya on that one Reb. If Bobbo is an ex-con, on probation maybe, they'll treat the situation differently.

“Well all the apostles, they’re sittin’ on the swings, sayin’ I’d sell off my savior for a set of new rings.”

Drauntz
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since 03-16-2007
Posts 2907
Los Angeles California


3 posted 06-25-2007 10:01 PM       View Profile for Drauntz   Email Drauntz   Edit/Delete Message      Find Poems  View IP for Drauntz

If you suspected that the person wanted  to kill himself then I say that he was in bad luck. no witness.

But many times, the time for the red light is not enough to pass the street esp for old or slow walking people. So then, it is his fault. He should watch for pedestrian. If he had the not right mood,then still his fault. I told my friends to evaluate their mood before driving.

Edward Grim
Senior Member
since 12-18-2005
Posts 1112
Greenville, South Carolina


4 posted 06-25-2007 10:09 PM       View Profile for Edward Grim   Email Edward Grim   Edit/Delete Message      Find Poems   Click to visit Edward Grim's Home Page   View IP for Edward Grim

Drauntz, this didn't really happen; it's a hypothetical question.

quote:
But many times, the time for the red light is not enough to pass the street esp for old or slow walking people.


I said the pedestrian jumped out. Elderly people aren't very good at jumping out into traffic.

quote:
If he had the not right mood,then still his fault. I told my friends to evaluate their mood before driving.


I said he was refeshed. And I don't think mood would be a reason to send someone to prison.

“Well all the apostles, they’re sittin’ on the swings, sayin’ I’d sell off my savior for a set of new rings.”

Drauntz
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since 03-16-2007
Posts 2907
Los Angeles California


5 posted 06-25-2007 10:22 PM       View Profile for Drauntz   Email Drauntz   Edit/Delete Message      Find Poems  View IP for Drauntz

then he shall be a free man.
Edward Grim
Senior Member
since 12-18-2005
Posts 1112
Greenville, South Carolina


6 posted 06-25-2007 10:34 PM       View Profile for Edward Grim   Email Edward Grim   Edit/Delete Message      Find Poems   Click to visit Edward Grim's Home Page   View IP for Edward Grim

Not necessarily. People get arrested all the time for unintentional kills, such as car accidents.

My aunt's friend is one of the unlucky ones. She hit someone at night, killing them and she is in prison.

It's very sad.
Drauntz
Member Elite
since 03-16-2007
Posts 2907
Los Angeles California


7 posted 06-25-2007 10:47 PM       View Profile for Drauntz   Email Drauntz   Edit/Delete Message      Find Poems  View IP for Drauntz

Can she appeal?
Edward Grim
Senior Member
since 12-18-2005
Posts 1112
Greenville, South Carolina


8 posted 06-25-2007 11:08 PM       View Profile for Edward Grim   Email Edward Grim   Edit/Delete Message      Find Poems   Click to visit Edward Grim's Home Page   View IP for Edward Grim

I have no idea. I don't know her personally, she is my aunt's close friend. I'd say probably not because she's already in prison, so if she did, it didn't go well.

“Well all the apostles, they’re sittin’ on the swings, sayin’ I’d sell off my savior for a set of new rings.”

Essorant
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since 08-10-2002
Posts 4689
Regina, Saskatchewan; Canada


9 posted 06-25-2007 11:12 PM       View Profile for Essorant   Email Essorant   Edit/Delete Message      Find Poems   Click to visit Essorant's Home Page   View IP for Essorant

Ed

There is always a direction and approach involved.  Why didn't this person see the pedestrian?  
 
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