601
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 17 Dec 2024
601 points (82.6% liked)
Fuck Cars
9807 readers
10 users here now
A place to discuss problems of car centric infrastructure or how it hurts us all. Let's explore the bad world of Cars!
Rules
1. Be Civil
You may not agree on ideas, but please do not be needlessly rude or insulting to other people in this community.
2. No hate speech
Don't discriminate or disparage people on the basis of sex, gender, race, ethnicity, nationality, religion, or sexuality.
3. Don't harass people
Don't follow people you disagree with into multiple threads or into PMs to insult, disparage, or otherwise attack them. And certainly don't doxx any non-public figures.
4. Stay on topic
This community is about cars, their externalities in society, car-dependency, and solutions to these.
5. No reposts
Do not repost content that has already been posted in this community.
Moderator discretion will be used to judge reports with regard to the above rules.
Posting Guidelines
In the absence of a flair system on lemmy yet, let’s try to make it easier to scan through posts by type in here by using tags:
- [meta] for discussions/suggestions about this community itself
- [article] for news articles
- [blog] for any blog-style content
- [video] for video resources
- [academic] for academic studies and sources
- [discussion] for text post questions, rants, and/or discussions
- [meme] for memes
- [image] for any non-meme images
- [misc] for anything that doesn’t fall cleanly into any of the other categories
Recommended communities:
founded 2 years ago
MODERATORS
He would obviously just lie and say it was an accident. I would match his story.
no he doesn't need to prove it, in a criminal trial in most countries, the prosecution has the burden of proof; in the US "beyond a reasonable doubt"
What context was this legal advice given in? This may be advice for a civil lawsuit too?
In any case it is of course true that it is good to be able to present evidence in one's favor in criminal court, but that is to establish that there is reasonable doubt, not because the defendant has the burden of proof.
Intent must be proved, and depending on the circumstances, can be hard or easy. Using a gun carries with it an assumption of intent - unless you're hunting or target shooting, your intent can be assumed to not be good. With a car, there are a lot more things you could reasonably be doing, ill intent can't be assumed.
It's as good an analogy as any other... It's wrong to expect an analogy to fit the situation perfectly, because that would not be an analogy, it would be the thing you are talking about. The purpose of an analogy is to compare things that are not identical, but have some similarities.
that is literally what the law comes down to.
And I wasn't talking about this or any other specific case, just attempting to make sure that people understood the general legal concepts.
Dude that's now how any trial works. You cannot prove an accident is an accident. It's the prosecutors job to prove that it wasn't.
Proving it was not intentional, and proving it was an accident, are two very different things.
It was night, no?
It was 6:44am, and the sun rose at 7:08 am, so yes.
6AM isn't night
Sun rose on 7:08 am on Dec 9
Tell me what are the factual standards for nighttime and broad daylight, again?
But do you know anyone who calls the time before sunrise broad daylight? I would call that dusk, wouldn't you? And is 2 am nighttime or morning?
The max penalty for 2nd degree vehicular manslaughter is only 7 years. In theory he could be prosecuted for 1st degree or even aggravated, but those require DUI or multiple fatalities.
Nope. In New York, the law for vehicular manslaugher/homicide only applies where DUI is involved. Perhaps you are thinking of regular homicide/manslaughter, but those require proving intent -- which as previously stated is hard to do where an automobile is involved.
There's that word again... One might think it's important...
I think the point is that it's a lot easier to "accidentally" hit someone with a car
Bingo.
This, plus gun-related accidents happen all the time, and they're called accidents. Nobody calls those murder. I sympathize with the intent here, but this meme doesn't make any sense