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Philosophy 101
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Third-Degree Manslaughter
| Philosophy 101 |
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Third-Degree Manslaughter |
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Edward Grim Senior Member
since 2005-12-18
Posts 1154Greenville, South Carolina 
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(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.” |
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| © Copyright 2007 Edward Grant - All Rights Reserved | |||
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Local Rebel Member Ascendant
since 1999-12-21
Posts 5767Southern Abstentia |
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. |
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Edward Grim Senior Member
since 2005-12-18
Posts 1154Greenville, South Carolina |
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.” |
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Drauntz Member Elite
since 2007-03-16
Posts 2905Los Angeles California |
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. |
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Edward Grim Senior Member
since 2005-12-18
Posts 1154Greenville, South Carolina |
Drauntz, this didn't really happen; it's a hypothetical question. quote: I said the pedestrian jumped out. Elderly people aren't very good at jumping out into traffic. quote: 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.” |
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Drauntz Member Elite
since 2007-03-16
Posts 2905Los Angeles California |
then he shall be a free man. |
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Edward Grim Senior Member
since 2005-12-18
Posts 1154Greenville, South Carolina |
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. |
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Drauntz Member Elite
since 2007-03-16
Posts 2905Los Angeles California |
Can she appeal? |
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Edward Grim Senior Member
since 2005-12-18
Posts 1154Greenville, South Carolina |
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.” |
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Essorant Member Elite
since 2002-08-10
Posts 4769Regina, Saskatchewan; Canada |
Ed There is always a direction and approach involved. Why didn't this person see the pedestrian? |
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