A prosecutor's viewpoint can get "skewed". Why should you offer a worse plea deal to the guy whose one decision that may or may not be criminal killed dozens of people rather than one? Well, as one of my mentors said, "our common law makes the decision to punish death"
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Replying to @ConflictedBarr1 @MorlockP
What is the difference between a DUI and (most) vehicular homicides ( which are mostly done by drunk people)? Mostly that in one you kill someone and the other you dont
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Replying to @ConflictedBarr1 @MorlockP
Most of us have driven drunk, and we haven't killed people, we tell ourselves that this is because we were not that drunk of can handle our liquor better than others. I'm here to tell you, as someone who has represented 1000+ DUI defendants that mostly we are lucky
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Replying to @MorlockP
I will admit I am basing this on my clients, my colleagues in large urban criminal litigation, myself, most jurors I've talk to
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Replying to @ConflictedBarr1 @MorlockP
There is a subset of people who "so the right thing" and that is good! But if we wanted to make a society of those people the bac wouldn't be .08, it would be .04 or lower
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Replying to @ConflictedBarr1 @MorlockP
Alright, now that I've got your attention with the DUI situation, let's circle back to the "horrible train accident". Prosecutors have a hard time of separating their viewpoints between the two
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Replying to @ConflictedBarr1 @MorlockP
They see the "oh I was at most only non-criminally negligent in my behavior" train conductor no different from the "drunk driver who kills someone"
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Replying to @ConflictedBarr1 @MorlockP
The average person might say that the bored union conductor isn't as culpable as the duo driver who happens to kill someone
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Replying to @ConflictedBarr1 @MorlockP
But there is still that common law assumption that the law will engage in a certain amount of Kantian retribution which makes the assumed sentence of the killer of dozens of people in a train accident larger than the traib conductor who stops the accident shortly before any death
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yeah, and I really dislike retribution
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