BrianT
Loquacious
Reged: 06/18/06
Posts: 2599
Loc: Fort Lauderdale, FL USA.
|
|
If you kill somebody the penalty should be the same regardless of the weapon you used or where the person was located.
In other words, manslaughter is manslaughter, if you hit them with a car, "accidentally" pushed them off a building, or let a fire get out of controll and burned down a building.
It should be the same if they were on a motorcycle, on a bicycle, in a car, walking, or sitting in a chair.
--------------------
Steelheart- '03 Speedmaster Black/Yellow
The Hayabusa Killa
16" Shorties/140 mains/Airbox drilled
Procom CDI
"There is no cure for Celibacy. But we can treat the symptoms."
|
redbike7
3/4 Throttle
Reged: 07/24/06
Posts: 948
Loc: Cedar Park, Texas
|
|
I agree with Brian. The punishment should be consistent regardless of what caused the death. The problem, as I see it, is how judges apply the law. They usually have wide latitude of punsihment and with the over crowded jails they don't impose heavy punishment for traffic related deaths. Someone shoots someone-they go to jail. Run over someone- 'I hated to ruin a person's life because that is the only mistake they have ever made.'
--------------------
Redbike7
2006 America
No amount of skill can overcome gross stupidity. Ask me how I know...never mind, I forgot...
|
privateer
Learned Hand
Reged: 12/18/05
Posts: 1068
Loc: Nevada, Ohio
|
|
As a long standing member of ABATE?
I can say this is one of the things we work to correct.
If your not a member?
Join.
If your not sure what ABATE in your state is?
Check them out.
It is NOT a Club.
It's a grass roots thing that actually gives you a lot of clout!
|
BrianT
Loquacious
Reged: 06/18/06
Posts: 2599
Loc: Fort Lauderdale, FL USA.
|
|
Quote:
I agree with Brian. The punishment should be consistent regardless of what caused the death. The problem, as I see it, is how judges apply the law. They usually have wide latitude of punsihment and with the over crowded jails they don't impose heavy punishment for traffic related deaths. Someone shoots someone-they go to jail. Run over someone- 'I hated to ruin a person's life because that is the only mistake they have ever made.'
But Manslaughter is, I believe, an accidental death.
If you shoot some one, it's kinda on purpose.
--------------------
Steelheart- '03 Speedmaster Black/Yellow
The Hayabusa Killa
16" Shorties/140 mains/Airbox drilled
Procom CDI
"There is no cure for Celibacy. But we can treat the symptoms."
|
Milio
Complete Newb
Reged: 05/24/08
Posts: 15
|
|
Don't fixate on just punishment for killing bikers. If you want a piece of legislation to be well received, look at a well rounded package in terms of education, enforcement, AND punishment.
Education: require driver's education courses and licensing tests to have a section that focuses on awareness of motorcyclists (and scooters, bikes, trail horses, etc).
Education isn't just for the cagers. Being safe and smart keeps us alive. Look for DOT incentives to get riders to take MSF courses. For instance, make it more enticing (easier/cheaper) to take the MSF and get educated and licensed than to just get temps and muddle your way into a crash.
Enforcement: Educate LEO on the additional hazards that motorcyclists face (credits for MSF training would be great). Have law enforcement issue citations to people that cause hazards for motorcyclists whether there was an accident or not, because the first accident can be fatal.
Punishment: Killing anyone should certainly have a pretty hefty punishment. Mandatory jail is a tough one to get people to vote for (and an issue for you to get elected on) and judges don't like laws that don't give them the ability to weigh the contributing factors (and we know no biker has ever ridden drunk, right?).
But don't just focus on dead bikers. In WI we have a law that any accident involving a motorcycle requires the driver that injured the motorcyclist to take additional driver's education classes. And that can be backed up by suspending their license.
Here's a brief write up of the laws we got a couple years ago here: http://www.amadirectlink.com/news/2006/WIlaw.asp
Good luck, and thanks for trying to keep bikers alive.
Edited by Milio (05/30/08 08:22 PM)
|
Dwight
Fe Butt
Reged: 02/03/05
Posts: 17909
Loc: Sedona, Arizona
|
|
I don't know about the rest of you folks, but this new guy Milio here seems to see the "Big Picture"(and most sides of this thing) pretty darn well!!!
(hey Milio...let me know if YOU ever decide to run for any office out there, 'cause dude, you've got MY vote!)
--------------------
Yep! Just like a good Single Malt Scotch, you might call me "an acquired taste" TOO.(among the many OTHER things you may care to call me, of course)
|
Pony
Adjunct
Reged: 03/07/08
Posts: 375
|
|
Couldn't you just string them up by their nuts? 
--------------------
The path of excess leads to the Palace of Wisdom
|
redbike7
3/4 Throttle
Reged: 07/24/06
Posts: 948
Loc: Cedar Park, Texas
|
|
Not really. People fool with guns all the time and accidentally shoot themselves or other people.
--------------------
Redbike7
2006 America
No amount of skill can overcome gross stupidity. Ask me how I know...never mind, I forgot...
|
Greybeard
Monkey Butt
Reged: 01/11/05
Posts: 7870
Loc: Charming Clovis NM
|
|
Quote:
Not really. People fool with guns all the time and accidentally shoot themselves or other people.
Even a VP or two. 
--------------------
Pain is nature's way of saying, "We know where you live".
|
bennybmn
Should be Riding
Reged: 01/11/05
Posts: 12693
Loc: Long Island, NY
|
|
You guys have to think in terms of the "offenders" actions, not the outcome. You are assuming a fatal accident. What about people who survive the accident? Were the actions of the cage EXACTLY the same? Probably, could be...
Or for instance, if there was DUI involved, what difference does it make if they hit someone, kill someone, or run into a tree? The point is they DROVE DRUNK!! They should be punnished for that.
I'm not saying let people go who kill someone, but the point is, whether or not someone survives an accident depends on MANY factors. Proximity to first aid/hospitals, riding gear, speed of the bike, what they land on, etc. I mean you can get hit and recieve a relatively minor injury of a bad cut and bleed to death if you don't get help. Or if someone runs you off the road and leaves the scene, you can lay in a ditch for two days un-noticed... Meanwhile a guy can have massive neck injuries and survive, albeit paralized, because the crash happened in front of a hospital.
So I say see the big picture like Milio said. Don't fixate on dead bikers. Fixate on bad drivers and having more consistant punnishments for ACTIONS. I also like the idea of throwing out the "I didn't see him" defense. Well then you shouldn't be driving...
--------------------
Benny
Black & Silver '02
Too many mods to list
Not enough miles ridden
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
