Go | New | Find | Notify | Tools | Reply |
Prepared for the Worst, Providing the Best |
Heard this on the radio this morning and couldn't believe what I was hearing. Whatever side of the argument you fall on regarding legalization, this is a bad precedent. Society can't function in an environment where people can't be held accountable for their actions simply because they were drunk or high at the time. How do you even send somebody to jail for drunk driving if they can claim "my client didn't understand what he was doing and can't be held responsible for his actions because he was drunk"? I know in Indiana, voluntary intoxication cannot be used as a defense. It's also not one of the conditions that can be used as a mitigating factor for sentencing. Is that not the case in California? What do our Sigforum attorneys think about this one? Sentencing likely to get overturned on appeal if the prosecution takes it there? https://ktla.com/news/local-ne...tenced-to-probation/
| ||
|
Just because you can, doesn't mean you should |
California? Say no more. ___________________________ Avoid buying ChiCom/CCP products whenever possible. | |||
|
Mistake Not... |
A book attempting to put in print every "Weird Ruling By a Judge" would be at least 16,212 pages long if printed in 10 point type, single spaced. Though I will tell you that trying to suss out the whys of this ruling from a "news" source is hopeless. And sentencings, as a general rule, are difficult to appeal. I understand "from the outside" it can seem like a routine thing from a news point of view, but I guarantee it that for every appeal you see granted, 986 are affirmed. The legal system just would not work otherwise. And any appeal by the State would be highly dependent on CA's rules pertaining to such things, which I am not privy to. ___________________________________________ Life Member NRA & Washington Arms Collectors Mistake not my current state of joshing gentle peevishness for the awesome and terrible majesty of the towering seas of ire that are themselves the milquetoast shallows fringing my vast oceans of wrath. Velocitas Incursio Vis - Gandhi | |||
|
Member |
How is this not treated just like a death from DUI? The difference is the level of effect an voluntarily ingested substance has? The difference in anticipated level of impact? Both? Unless for medicinal purposes, she should be banned from any recreational drugs for life with regular conformance checks. That's the least she should be subjected to. She should be in in prison for homocide. "Wrong does not cease to be wrong because the majority share in it." L.Tolstoy "A government is just a body of people, usually, notably, ungoverned." Shepherd Book | |||
|
Thank you Very little |
We've seen people use the "mental illness" defense for decades, nothing new, the big question is..... How could anyone have a psychotic episode from the use of MJ, it doesn't do that, and has far less impact than the use or abuse of alcohol, Aren't we're constantly reminded MJ has zero negative impacts on society or personality.... | |||
|
Member |
Unfortunately what happens in Commiefornia, does not stay in Commiefornia “Let us dare to read, think, speak and write.” John Adams | |||
|
Staring back from the abyss |
Yes, it does. Sometimes. Not defending this ruling, but marijuana can cause psychosis and schizoprenic episodes. ________________________________________________________ "Great danger lies in the notion that we can reason with evil." Doug Patton. | |||
|
Lawyers, Guns and Money |
^^^ I see Gus beat me to it...
several hits from a bong? That's it? I'm not buying it... However, we are seeing a growing body of evidence linking marijuana with schizophrenia. Association between cannabis use disorder and schizophrenia stronger in young males than in females https://www.cambridge.org/core...41CB8529A326C3641A68 "Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." -- Justice Janice Rogers Brown "The United States government is the largest criminal enterprise on earth." -rduckwor | |||
|
Prepared for the Worst, Providing the Best |
Lowsmith, thanks for your insight...those are some valid points, and we probably don't have all the information...at least I hope we don't.
It's nothing like a death from DUI, I was just using DUI as an example of the type of case that could get thrown out if this type of logic is allowed to prevail in the court system. A DUI fatality typically involves somebody negligently causing a death due to a diminished ability to drive while impaired. There's no intent to cause harm, just willful negligence resulting in death. In this case, this lady got high, then stabbed a dude 108 times. That doesn't happen by accident or through negligence...it's absolutely intentional. But she's trying to negate her culpability by saying that she was impaired and didn't know what she was doing, due to the affects of the drug that she willingly ingested. If that line of reasoning is allowed to prevail, then you can't hold anybody accountable for anything they do under the influence, ever.
Mental illness is different from willful impairment. Mental illness is a medical condition beyond the subject's control. Willful intoxication is a completely avoidable condition, and cannot (or at least should not) absolve the person from responsibility for their actions after they've placed themselves into that state. | |||
|
Optimistic Cynic |
Mental illness or not, it seems to me the salient factor here is whether the controlling authority (or civil folks in general) believes whether what happens in the mind, or what happens in the physical world should prevail in determining a sentencing outcome. Could this may be the differentiating factor between a "liberal" and a "conservative" mindset, or at least perspective? It may go a long way in understanding why a seemingly irreconcilable polarity exists. What's more important, what happened, or how someone believes what happened? One side would say "if you can't perceive reality, you are mentally ill." The other side would say, "perception is reality." Maybe we should put up a poll on the matter (but in this crowd, I am pretty sure of the results of such)? | |||
|
The Unmanned Writer |
I read it the same way - the murder was 100% preventable - do not do drugs. Easy. Wanna kill your ex? Go to a dispensary, buy some edibles, eat a couple (toss the rest so it appears you ate them all), kill your ex, use "Cannabis-Induced Psychotic Disorder" as your defense. Just make sure you stab your ex more than 100 times along with their dog/cat/pet and a couple stabs to you own leg or arm. Then go to the state for your disability pay... Life moves pretty fast. If you don't stop and look around once in a while, you could miss it. "If dogs don't go to Heaven, I want to go where they go" Will Rogers The definition of the words we used, carry a meaning of their own... | |||
|
The Ice Cream Man |
Its deep. and fuzzy memories, but the closest thing I can think of, was some cases about if a person didn't have reason to expect that a prescription drug would impair them, but it did, they could avoid a DUI charge, as the intoxication wasn't voluntary. And, it's entirely possible I have those wrong. | |||
|
Casuistic Thinker and Daoist |
I think I vaguely remember something like this...although the first thing that came to mind was the Twinkie Defense that Dan White use in the Harvey Milk trial. Just reading the article, even considering that this happened in a CA court, I'm thinking there is a lot more to this story that would lead the judge to basically override the Voluntary part of the charge. I'm a bit surprised that she didn't get any jail time...but interestingly she has 2 years formal probation with 4 years of jail time hanging over her. 4 years is the mid term for Manslaughter...if she'd been sentenced to jail time, it would have likely been the 2 years lower term No, Daoism isn't a religion | |||
|
Prepared for the Worst, Providing the Best |
That's an interesting point as well, and something I did not know. I just looked up involuntary manslaughter in Indiana. Here it's just a level 5 felony, which carries an advisory sentence of only 3 years (with a range of 1-6 based on aggravating or mitigating factors). I guess we also need to consider why the prosecutor only pursued involuntary manslaughter in this case rather than going after a higher level charge. It seems very inappropriate in this case, at least on the surface, but to Lowsmith's point, there's probably stuff we don't know. | |||
|
Down the Rabbit Hole |
I'll never get near the stuff. This documentary shows exactly what will happen is you decide to go down that road. Diligentia, Vis, Celeritas "People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf." -- George Orwell | |||
|
Peace through superior firepower |
Cannabis didn't cause that. GMAFB That gal is just plain crazy. What a load of horse shit. | |||
|
Member |
Liberal judges and/or Soros prosecutors are a huge problem. The sentence above is a crime. U.S. Army 11F4P Vietnam 69-70 NRA Life Member | |||
|
Thank you Very little |
Can't be true, every time the subject comes up we get post after post saying MJ doesn't cause anything but a desire to watch cartoons and eat oreos or doritos.... MJ of the 70''s to 80's probably not, the shit they sell today is synthetic or cultivated super high THC weed, designer stuff, seriously more powerful stuff. I'd bet though there was something else in the weed, if it really was weed she ingested/smoked, since the only other witness to it is dead. | |||
|
Peace through superior firepower |
Sampled it, have ya? Then and now? Tell us all about it. And don't ever mock me in this forum. If some of you want to use this bullshit excuse of a case to bolster your dislike of cannabis, go ahead, but this fools no one who knows the score. To me, this is akin to coroners specifying COVID as the cause of death when someone dies in a motorcycle accident, just because the person tested positive for the virus. It's deceptive bullshit. This bitch is crazy, but just because she ingested cannabis, oh yes, then that's the reason. Please | |||
|
Casuistic Thinker and Daoist |
That's usually the first hint that there is more to this case than reported. Prosecutor, as a rule, over charge so that they can pled bargain it down and still get a win No, Daoism isn't a religion | |||
|
Powered by Social Strata | Page 1 2 3 |
Please Wait. Your request is being processed... |