JoeSpareBedroom wrote:
"Short Wave Sportfishing" wrote in message
...
On Tue, 30 Oct 2007 23:46:39 -0400, "Reginald P. Smithers III"
wrote:

I would say he was either lying or a fool, but as the DA's all across
the country have shown it does not meet the requirement for 1st degree
murder.
First degree murder charge can't be justified in cases where a drunk
driver kills a pedestrian or another driver/passenger by reason of
definition

Murder, as opposed to homicide, is defined as the act of killing a
person by intentional, purposeful, malicious, premeditated, and/or
wanton action. That's the definition.

The key is malicious. Deaths that occur by extreme recklessness or
during certain serious crimes are considered to be express malice
murders.

Drunk driving certainly qualifies as an extreme reckless behavior.

The hitch is in how First Degree Murder is defined by the state. Most
states define it as an unlawful killing that is both willful and
premeditated.

Second-degree murder is ordinarily defined as an intentional killing
that is not premeditated or planned or a killing caused by dangerous
conduct and the offender's obvious lack of concern for human life.

That's how they can get them on a Second Degree murder charge if t hey
choose. But it's easier to plead out to involuntary manslaughter than
the expense, time and effort for a Murder in the Second charge.

I wonder if premeditated is defined as having a specific target, or does
"I'm going to kill someone tonight for sure, I just don't know who yet"
qualify?



Fortunately for all of us, the vast majority of people driving over the
legal limit, do not have wrecks and do not kill people. The vast
majority of DUI's drive dangerously, and somehow get home without an
accident, or if we are lucky, get pulled over by the cops. Probably
most DUI's have driven many many times drunk, before they are caught or
have an accident.

It sounds like this is a very personal subject and has touched a raw
nerve. Keep pushing for maximum sentences, but 1st degree murder will
not be one, until they change the definition or make an exception for
DUI's.