Quote:
Originally Posted by verticaldoug
It's one of the weird factors in the law which seems pretty universal across western societies.
The very fact of intoxication means you had diminishing intent, so instead of murder, it is reckless, unintended act of negligence. Perverse logic, but that is how the law works.
In the UK and Ireland, they have had big campaigns for stiffer penalties to get sentencing extended to 14-20 years, but in the UK it took 5 years or so to get passed which finally happened in 2022. But you need a prior offense to get the stiffer sentence.
In Ireland, they are still campaigning to get the law changed. This is 10 years after the family of Enda Dolan has been campaigning relentlessly. Enda was a student who was hit by a DUI Van driven on a footpath and carried 800 yards on the roof. The driver had 6 pints of beer, 4 jagerbombs, 3 mixed drinks with redbull at the pub and cocaine in his system. 7 years.
(Sadly, examples like this are endless)
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I know right laws can & are weirdly interpreted to the criminals benefit.
About "claimed diminished capacity" same as someone who claims insanity & yet no sane person would commit murder so all murders are in fact a form of insanity same as this drunk knows full well that drinking causes diminished capacity then operates a two ton vehicle & kills someone only to later claim they couldn't have known?
Your right about sad examples & that Enda Dolan definitely