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Thread: Does the sentence fit the crime?

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    apriliaforum expert drift's Avatar
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  2. #2
    apriliaforum expert drift's Avatar
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    And I mean this as a real question... I have no idea what the sentence would be if the deceased was a ped, another driver, etc.

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    She's a repeat offender so no, two days in jail and five days house arrest and a year of probation do not fit the crime.

    That a repeat DUI offender with a prior conviction killing someone is considered a misdemeanor is really offensive and shows disregard for the life that was taken.

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    apriliaforum expert Thom's Avatar
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    Wait. A white seacow killed a latino on a bike and got a minimum sentence? Say it ain't so.

    Give her the chair.
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    That is complete BS.... She should be getting a lot worse... at min she should be getting life, this is like the courts saying well its ok just dont kill anyone next time "AGAIN". Complete BS
    Last edited by Unwieldy; 03-17-2019 at 06:12 AM.

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    apriliaforum Member nigelrb's Avatar
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    Surprises me because USA penalties are generally higher than what we see in the UK. This would ordinarily attract 5 - 8 years inside with mandatory loss of licence.

    The problem courts and sentencing judges face is the 'mitigation' submitted by defence attorneys. In many cases this is contrived crap or put more eloquently, an over-use of poetic licence. Drunkenness should not be a defence, but here we might have heard that the accused had had a terrible life, she was a beaten spouse, having a painful period, etc etc, and her actions were just so out of character. The effect of course is to garnish sympathy from the sentencing judge with the result that no effective penalty is exacted and the perpetrator gets on with their life while the deceased's family wonder what the frig has happened and what value was placed on the child's/sibling's life.

    One might ask whether the penalty might have differed had the accused been male?

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    apriliaforum expert Worsedog's Avatar
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    Not even close. Here's Florida's take on it, and it's a bit light I think. While legally speaking, even though I've seen it articulated as 1st deg. murder as you made a conscious decision to drive while impaired it seems that all too often it's seen as simply an accident which by definition it is not.

    DUI Manslaughter is a felony offense punishable by a minimum mandatory prison sentence of 4 years. The prison sentence for DUI Manslaughter can be up to 15 years and carry significant fines under Florida State Statutes
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    apriliaforum expert dadsafrantic's Avatar
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    i say vehicular manslaughter at the least with the dui added as some sort of special circumstance. but she's white, lives in kansas and he was just some latino dude. is that why it's a fly over state?
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  9. #9
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    Quote Originally Posted by dadsafrantic View Post
    i say vehicular manslaughter at the least with the dui added as some sort of special circumstance. but she's white, lives in kansas and he was just some latino dude. is that why it's a fly over state?
    This basically why these types of offenses need more uniform classifications and penalties across the country. In Kansas it appears your life isn't as important as it is in Pennsylvanian or Florida for example.

    The drunk Jared Shillinger who killed Rikki Flemming in O’Hara Township, PA just got four to eight years in prison since he had a prior DUI conviction. The min sentence there is three to six years. Rikki Flemming's family is also seeking to prosecute the establishment the served Shillinger that night. Yes he had a higher blood alcohol level however Rikki is just as dead as Navarro.

    In Florida its as follows which is basically a 10 year minimum prison term that can be reduced to a 4 year sentence if extenuating circumstances can be proven:

    The crime of DUI Manslaughter is a Second Degree Felony and assigned a Level 8 offense severity ranking under Florida’s Criminal Punishment Code.

    If convicted of DUI Manslaughter in Florida, a judge is required to impose a mandatory-minimum sentence of 124 months in prison in addition to the following penalties:

    Up to fifteen years in prison.
    Up to fifteen years of probation.
    Up to $10,000 in fines.
    Permanent driver’s license revocation.
    Community service.
    Impoundment of the driver’s vehicle.
    Completion of a DUI Substance Abuse Course.
    Completion of a psychosocial evaluation and substance abuse treatment.

    Mandatory Minimum Sentence Requirement

    DUI Manslaughter is one of the rare crimes where a downward departure sentence may be justified because of mitigating circumstances surrounding the offense. If a judge finds a basis to impose a downward departure sentence, the judge can impose a sentence below the presumptively required sentence of 124 months in prison.

    However, a judge’s ability to impose a downward departure sentence is capped by Florida Statute 316.193(3)(c)(3), which requires a person convicted of DUI manslaughter to be sentenced to a mandatory minimum term of 4 years imprisonment.

    Here is a map posted on Jalopnik that shows the DUI tolerance level around the world and some of the notable penalties:


    Imagine what it would be like to be forced to march 20 miles with your wife beside you along with a police escort because you were caught DUI. You might learn about all the things her mother warned her about you.
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    Think of what sentence DUI Manslaughter could bring in those countries.
    Last edited by Rockynv; 03-19-2019 at 09:24 PM.

  10. #10
    apriliaforum expert craigo298er's Avatar
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    Alexandra Eslinger pleaded guilty in January to vehicular homicide and driving under the influence, both misdemeanors, in the July 2017 death of Jesus Navarro-Gonzalez.
    how is vehicular homicide a misdemeanor?

  11. #11
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    Quote Originally Posted by craigo298er View Post
    how is vehicular homicide a misdemeanor?
    It appears to be a minor offense in Kansas even though a greater part of the civilized world considers it a much more serious one. Good enough reason for me to avoid that State.

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    Nope. Doesnt fit.

  13. #13
    apriliaforum expert craigo298er's Avatar
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    Quote Originally Posted by Rockynv View Post
    It appears to be a minor offense in Kansas even though a greater part of the civilized world considers it a much more serious one. Good enough reason for me to avoid that State.
    I have enough flat terrain in Charleston...I don't need to go to an area that's been proven to be flatter than a pancake
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