Snowboarder charged

[ctenidae]

The DA will probably try for a 2nd Degree charge to get a plea bargain down to negligent homicide nice and easy. Least, that's my take on it, but what do I know? I'm neither a lawyer, nor a convict. That you all know of, anyway.

 

[Paul]

The DA will probably try for a 2nd Degree charge to get a plea bargain down to negligent homicide nice and easy. Least, that's my take on it, but what do I know? I'm neither a lawyer, nor a convict. That you all know of, anyway.

Do you play one on TV?

 

[Marc]

The DA will probably try for a 2nd Degree charge to get a plea bargain down to negligent homicide nice and easy. Least, that's my take on it, but what do I know? I'm neither a lawyer, nor a convict. That you all know of, anyway.

I think you're lying about the convict bit.


I thought I saw you registered on a sex offendor website...

 

[ctenidae]

No, no- I play a doctor on TV.

Greatest. Ad. Ever.

"I'm not a doctor, but I play one on TV." Classic.

 

[Big Game]

"Carlson said Doda, who was 16 at the time, was going 35 mph to 60 mph when he struck Donahue. Though Doda was wearing a helmet, Donahue was not and died of a head injury."

(1) Yeah, as mentioned before, big difference between 35 mph and 60 mph. 40 mph is probably the max speed.

(2) He's dealing with negligence here, not a specific intent. So any contributory negligence by the victim becomes a factor. The fact that she was not wearing a helment is probably one cause of her death. Now is it enough to relieve the kid of liability? Well, the jury decides.

(3)I wonder if the helmet the kid was wearing actually was another factor in causing the death. You know, NFL disallows helmet to helmet hits because of the damage they cause. So I wonder if the the kid wasn't wearing a helmet, would she have died? Something else to shift blame from kid --- is it fair to expect him to understand that if he travels at 35 -40 mph on a slope wiht a helmet on, would he will kill someone? And then to help his case we would argue that public policy wants to encourage people to wear helmets. Finding him guilty of neg homicide when he was wearing a helment, and when there is a least a substantial potential that if he was helmetless there would be no crime leads the criminal justice system to an absurd result. We want to punish those who do not take adequate precautions to protect themselves and others and we want to leave those who use common sense alone.

 

[Paul]

"Carlson said Doda, who was 16 at the time, was going 35 mph to 60 mph when he struck Donahue. Though Doda was wearing a helmet, Donahue was not and died of a head injury."

(1) Yeah, as mentioned before, big difference between 35 mph and 60 mph. 40 mph is probably the max speed.

(2) He's dealing with negligence here, not a specific intent. So any contributory negligence by the victim becomes a factor. The fact that she was not wearing a helment is probably one cause of her death. Now is it enough to relieve the kid of liability? Well, the jury decides.

(3)I wonder if the helmet the kid was wearing actually was another factor in causing the death. You know, NFL disallows helmet to helmet hits because of the damage they cause. So I wonder if the the kid wasn't wearing a helmet, would she have died? Something else to shift blame from kid --- is it fair to expect him to understand that if he travels at 35 -40 mph on a slope wiht a helmet on, would he will kill someone? And then to help his case we would argue that public policy wants to encourage people to wear helmets. Finding him guilty of neg homicide when he was wearing a helment, and when there is a least a substantial potential that if he was helmetless there would be no crime leads the criminal justice system to an absurd result. We want to punish those who do not take adequate precautions to protect themselves and others and we want to leave those who use common sense alone.

Excellent points.

 

[Marc]

Excellent points.

Said the mechanic after looking under the distributor cap...



*rim shot*



Thank you folks I'll be here all week!

 

[Paul]

Excellent points.

Said the mechanic after looking under the distributor cap...



*rim shot*



Thank you folks I'll be here all week!

...and don't forget to tip your waitress.

 

[Phildozer]

Excellent points.

Said the mechanic after looking under the distributor cap...

Marc,

You owe me another 17 inch LCD monitor. This one now is covered with coffee.

Nice one.

 

[Marc]

...try the veal.


:dunce:

 

[dmc]

nice rant...

 

[Paul]

nice rant...

Makes some damn good points, though.

 

[blacknblue]

(3)I wonder if the helmet the kid was wearing actually was another factor in causing the death. You know, NFL disallows helmet to helmet hits because of the damage they cause. So I wonder if the the kid wasn't wearing a helmet, would she have died? Something else to shift blame from kid --- is it fair to expect him to understand that if he travels at 35 -40 mph on a slope wiht a helmet on, would he will kill someone? And then to help his case we would argue that public policy wants to encourage people to wear helmets. Finding him guilty of neg homicide when he was wearing a helment, and when there is a least a substantial potential that if he was helmetless there would be no crime leads the criminal justice system to an absurd result. We want to punish those who do not take adequate precautions to protect themselves and others and we want to leave those who use common sense alone.

Yeah, but doesn't that reasoning absolve those who drive faster and more recklessly because they have a bigger car with more safety features? His safety precautions (ie. wearing a helmet) doesn't relieve him of guilt. Hands down, he was acting irresponsibly, and should be judged regardless of his headwear.

 

[JD]

I agree with taking accountability for your actions. One of the biggest problems with this country, and more and more the entire world, is that everyone is always looking to blame someone else for their misfortunes. IMO that includes being aware of the dangers that surround you and being prepared. I still think this situation is being mishandled and this kid should be free to go about his life. I imagine he has alot to deal with w/o facing homocide charges at 17.

Tough situation. But I think they should leave the kid alone. Accicdents happen.