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Article #1021

Re: Arrest Slow Drivers--One County's Answer to Aggressive Driving

#1021
From: Joel Garry
Date: Thu, 09 Jul 1998 00:00
118 lines
5966 bytes
On Tue, 07 Jul 1998 23:26:22 GMT, Scott Weiser <weiser@dimensional.com> wrote:
>On Tue, 07 Jul 1998 19:40:14 GMT, joelga@pebble.org (Joel Garry)
>wrote:
>
>>On Tue, 07 Jul 1998 00:46:30 GMT, Scott Weiser <weiser@dimensional.com> wrote:
>>>On Mon, 06 Jul 1998 23:49:27 GMT, joelga@pebble.org (Joel Garry)
>>>wrote:
>>>
>>>>>Deliberation and intent have always been factors in the punishment for
>>>>>any crime.
>>>>>Regards,
>>>>>
>>>>>Scott Weiser
>>>>
>>>>So now you are saying the unintentional speeder should go to jail because
>>>>he is a criminal because he was speeding so that means he had malice
>>>>aforethought because he was speeding and therefore could not have been
>>>>unintentional?
>>>
>>>Man...that's a weird construction of what I actually said.....no, I'm
>>>talking about deliberate speeders.
>>
>>And how do you know it is deliberate?
>
>I don't.  Nor do I have to.  It's a philosophical discussion.

Well, for a philosophical discussion, we are sure talking about a lot of
practical matters.

>
>>
>>>
>>>>
>>>>Do you know the difference between criminal common law and traffic infractions?
>>>
>>>Yes, do you?
>>
>>Yes, but from your postings, I don't believe you.
>
>How so?

Because you said:

------------------------  Begin Inclusion  -------------------------

No, just for speeding and perhaps some other deliberate violations.

>
>Why should the imcompetent not be held to the same standards?

Because they are....incompetent....

>  You
>probably agree with the judge that let the elderly person walk after
>running over pedestrians on the sidewalk.

What do you mean by "walk?"   Nobody who kills another for whatever
reason just "walks," they usually pay a heavy, heavy
price...particularly those who had no intent to kill.

It depends on the specific circumstances, but I'd certainly revoke
their license.

>  After all, you can't blame
>someone that inadvertently kills, but if they deliberately park in a
>fire lane they should go straight to jail.

Correct in part.  Whether someone who "inadvertently kills" is
culpable depends on the specific circumstances and their degree of
negligence, but someone who breaks the law *deliberately* and with
malice aforethought, deserves harsh punishment as a reminder that
society will not tolerate scofflaws.

Deliberation and intent have always been factors in the punishment for
any crime.

--------------------------  End Inclusion  --------------------------

That first line there.  It implies that you don't know that speeding is
a traffic infraction that requires no intent, no malice aforthought.
Now perhaps you didn't mean to imply that deliberate goes with speeding,
but you've made it quite clear you are talking about "deliberate speeders,"
so any ambiguity in that first line is gone.  In other words, you are 
taking something that is not defined in the criminal code or criminal
common law, calling it a crime, and daring me to point that out.  So, no,
you don't appear to know the difference between criminal common law and
traffic infractions.

>
>Regards,
>
>Scott Weiser
>
>******
>"I love the Internet, I no longer have to depend upon my
>friends, family and co-workers, I can annoy people WORLDWIDE!"
>******
>http://www.dimensional.com/~weiser/
>
>Copyright 1998 by Scott Weiser
>
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>e-mail advertisment to this address, you are expressly 
>contracting with me in my professional capacity for a 
>consultation on the ad's effectiveness and you expressly 
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>to the laws of the State of Colorado, which shall have 
>sole jurisdiction.


-- 
These opinions are my own and not necessarily those of Information Quest or 
Pebble In The Sky http://www.informationquest.com mailto:jgarry@nospameiq.com
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From: joelga@pebble.org (Joel Garry)
Subject: Re: Arrest Slow Drivers--One County's Answer to Aggressive Driving
Date: 1998/07/09
Message-ID: <slrn6qagr5.jd5.joelga@pebble.org>
X-Deja-AN: 369994032
References: <35941A85.7310@erols.com> <35952cff.791952@news.okc.oklahoma.net> <3849F06BCBD0FDCC.AB7F05BD755A2939.7777F99C29F61BA9@library-proxy.airnews.net> <slrn6pd5st.b4u.player1@molly.hh.org> <5CE66F2D598FC40D.A74939364DE641F0.C057A99B9F15CC54@library-proxy.airnews.net> <359874c2.358578534@news.dimensional.com> <AE1843F739D95C91.F6F74438F4343A02.43ED712F0E70FA1F@library-proxy.airnews.net> <359a5802.77873550@news.dimensional.com> <09C0076DCCABED05.AF7FA9B224234BA1.A02F08A93EC0DA7F@library-proxy.airnews.net> <359d1502.257356260@news.dimensional.com> <slrn6q2okb.e3f.joelga@pebble.org> <35a16fb1.542758728@news.dimensional.com> <slrn6q4ud9.pmn.joelga@pebble.org> <35a2ae6a.624363381@news.dimensional.com>
Organization: Natural Surrealist Light Peoples Party High Speed Transport Division
Reply-To: joelga@nospam.pebble.org
NNTP-Posting-Date: Thu, 09 Jul 1998 15:25:18 PDT
Newsgroups: dc.driving,rec.autos.driving,misc.legal,alt.law-enforcement,seattle.general,ca.driving