What is the anti-MADD quick-and-dirty smackdown?

Posted by $ winterwind 10 years, 6 months ago to The Gulch: General
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As some of you know, I'm reading stuff that brings me into contact with MADD members. I get stuck when they say "Rights? My son is dead! Where are HIS rights?!?"
Well, unfortunately, he doesn't have any because he's dead. While true, that's a little bit in-your-face for me, and observers, if any, tend to think I "don't care". The fact is that I care about different things in a different way than they do.
But what can be said to that? Somehow, "taking away other boys' rights will do nothing for your son" leaves you open to the roadside sobriety checks and everything that can go with them aren't taking away anybody's rights!!!
Well, um, yes they are.
No they're not.
You see where I'm going here.
I'd like something snappy that will stop them in their stilettos.
All assistance appreciated.


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  • Posted by Zero 10 years, 6 months ago in reply to this comment.
    So you agree with the concept of "depraved indifference"? That "callous disregard for human life" is a valid legal definition?

    If so, then consider this:
    A person who attempts murder but fails due to random events is still guilty of attempted murder, right? Even if no one was hurt at all?
    (Remember your answer.)

    A person that can hardly walk, but decides to drive home - and kills someone along the way - has committed some kind of crime hasn't he?
    Surely you don't hold that this was simply an accident - a civil court matter?

    And if by sheer luck he doesn't kill someone...?
    (Now remember your previous answer.)
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  • Posted by JCLanier 10 years, 6 months ago in reply to this comment.
    Jan, I love your sarcastic humour!
    And I agree with much of your reasoning.
    I wish I had a horse!
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  • Posted by Zero 10 years, 6 months ago in reply to this comment.
    Oh, sorry, forgot to mention. You administer the sobriety test when you pull them over for erratic driving.

    Not random stops. Why random stops? There's no reason to think all these other people are drunk - and if he's not driving erratically - why pull him over?

    Buzzed driving is NOT the same as drunk driving.
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  • Posted by khalling 10 years, 6 months ago in reply to this comment.
    you have to commit a murder first zero. But I am a big fan of depraved heart murder being used-like in the government with government officials. let's start there-millions of murders at the hands of mediocre 3 letter agency officials. It is the theme in all of the Hank Rangar thrillers
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  • Posted by Zero 10 years, 6 months ago in reply to this comment.
    Period?
    Nonsense.

    When you shoot wildly into a crowd does it matter if no-one is hit?

    A person who attempts a murder is guilty of attempted murder - even if he missed completely.

    A person who simply PLANS a crime with another is guilty of conspiracy.

    When a person is guilty of "depraved indifference" why does it matter if no-one was killed?
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  • Posted by JCLanier 10 years, 6 months ago in reply to this comment.
    Winter: Thank you for your commenting.
    I will attempt to better clarify my comments on this subject.
    "Personal domain" meaning your home, your property: if you decide to drive around wasted on your property, crashing into and destroying your property, running over your sheep and ending up in your own lake....well, that's up to you.
    However, once you venture out/off your property and on to tax payer/public roadways, you now assume a responsibility to not jeopardize the safety of others by following precise rules and regulations that allow for all of us to go about our daily road movements in relative safety as can be expected. My point is that driving impaired is irresponsible, irresponsible to all of us that depend on coherent driving by everyone, everyday so that we can drive to work and back home without loading the risk of tragedy.

    As far as your comment about the judge and the police... I think we are saying basically the same thing: the "law" is meant to be the police. The police are not "judging" but are collecting the data for the eventual judge and jury... the police are the first on the scene and, as you state, and as I said, they will be collecting the necessary data.
    I hope this helps clarify my position.
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  • Posted by Zero 10 years, 6 months ago in reply to this comment.
    "Depraved-heart murder, also known as depraved-indifference murder, is an American legal term for an action that demonstrates a "callous disregard for human life" and results in death. In most states, depraved heart killings constitute second-degree murder."

    Do you argue against this?
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  • Posted by $ 10 years, 6 months ago
    Somewhere, sometime, I heard someone say
    There are 2 tragic and inviolate rules about war:
    Number 1 is that young men die.
    Number 2 is that you can't change #1.

    Maybe I should think in that direction.
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  • Posted by $ 10 years, 6 months ago in reply to this comment.
    kh- maybe the way to go is to [look at invisible list in hand] and say, OK, 4th amendment down. And you're probably against the 2nd, too, right? What do you think about the Sixth and the Eighth?
    Just wondering if you're totally against the rights of the people, or if you make exceptions.
    MADDer is spluttering and gasping at this point, I hope.
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  • Posted by $ 10 years, 6 months ago
    I did not get my snappy comeback [somehow I knew I wouldn't, because there doesn't seem to be one] but I did get some very high-quality thinking and writing and food for further thought.
    Any day on which you get those is not a bad day, not at all.
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  • Posted by $ 10 years, 6 months ago in reply to this comment.
    There are many times when I don't want hands-free driving. There are a few, when I'm very tired, when I do. Then I indulge in what my sister and I call "wife-speak": wife or significant other sits in passenger seat, puts on seat belt, settles neck pillow, closes eyes and slurs "D'you wan' me ta drive, dear?" A snore is optional at this point. It does require prior negotiations, however.
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  • Posted by $ 10 years, 6 months ago in reply to this comment.
    You are correct, of course.
    I usually say "You can't be argued out of something you weren't argued in to." Their position is based on emotion, and logic, thought and reality have no sway there.

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  • Posted by $ 10 years, 6 months ago in reply to this comment.
    Why is it a drime to be falling down drunk and get behind the wheel?
    WHAT HARM HAS BEEN DONE?
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  • Posted by $ 10 years, 6 months ago in reply to this comment.
    ummmm, I think there's some untidy thinking there, Zero.
    One of the arguments raging right now is how do you prove what a person's blood alcohol level IS at the time of the stop? The only way to determine whether a person is too drunk to fail a roadside sobriety test is to give him one. There goes "reasonable search" right there.

    And my position is one in which the punishment should fit the crime.
    Robert Heinlein, in The Number of the Beast, I think, has a scene in which some security guards [or such, it's not clear at the time] drive out to a lonely stretch of road with a person in custody. They then break the leg of the prisoner, and leave him there for a precisely-timed 38 minutes. A waiting ambulance then takes him to a hospital. This was his punishment for having caused exactly the same thing to happen to another person.

    HOWEVER
    If a person keeps driving drunk, and never causes an accident, WHAT HARM HAS HE DONE? Not what harm MIGHT he have done, but what harm has he actually caused? Can we prove that every driver around him recognized his impairment and exercised extreme caution to avoid an accident? I avoid 30-something women texting, myself.

    We cannot toss people into prison unless they have caused harm. period
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  • Posted by dbhalling 10 years, 6 months ago in reply to this comment.
    I disagree. Very few people understand their true agenda or how they lie and many people accept their lies as the truth.

    It is sort of like environmentalists. They pretend to be interested in protecting bears and human habitat, but really they want 5.5 billion humans to die - immediately.
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  • Posted by $ 10 years, 6 months ago in reply to this comment.
    If you owned your own road, you could pick the test, and advertise it. If other drivers didn't think it sufficient, they wouldn't have to drive on your road.
    Thank you Neil Smith! - in his alternate universe novels, there is mention of a road owner who is going broke because they reduced the speed limit to 125 and no one will take their [toll] road any more.
    Your road, your rules.
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  • Posted by $ 10 years, 6 months ago in reply to this comment.
    JCLanier - well thought out, in general.
    "outside of your own personal domain" is a sticky [slippery] one. What does that really mean?

    I think you slipped in saying "The law to check for impairment by intoxication, should only be applied where there has been an accident and suspected or evident that the driver is impaired ..." It is not the job of the police to determine that the driver is impaired and that caused the accident. That is the job of a judge &/or jury. The problem is, we can't slip the driver into cold storage so that his blood alcohol content will be the same at his trial that is was at the time of the accident. Therefore, the law says, the police must collect the evidence immediately. There's where it REALLY starts to slip. States are finding that breathalyzer tests are unreliable, and have moved to blood draws - involuntary, if "necessary". Hos else are you going to get the proof of impairment, which is deemed necessary?
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  • Posted by $ 10 years, 6 months ago in reply to this comment.
    ummm, everybody dies.
    and what do we count as dependent on what?

    Some statistics on #s of "gun deaths" include suicide. that makes no sense. My father, a drunk for a VERY long time [and sober for the last 37 years of his life!] died during an arterial bypass that was extended because the surgeons were having trouble finding a good vein in his legs to use, due to his years of drinking. That death would normally not be counted as "alcohol-related".
    and your last sentence is completely correct. There is, in fact, no number which would be cause.
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  • Posted by $ 10 years, 6 months ago in reply to this comment.
    ooh, thanks. except for I am almost always sober. Maybe we could get the 2 organizations to debate each other and leave the rest of us alone.
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  • Posted by $ 10 years, 6 months ago in reply to this comment.
    blarman -
    unfortunately sometimes, freedom includes the freedom to be stupid - that is, to impair your thinking abilities. I do not drink wine to impair my thinking abilities. I drink it, when I do, because it's delicious and enhances the gestalt of the meal.
    I also don't think kh is encouraging others to impair their thinking. I think she is saying that until your ability IS impaired, there is no conversation. [feel free to correct me, k.]
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