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76 votes

Why is drunk driving causing accident punished so much worse than just drunk driving?

Moral luck You have raised the issue of moral luck, a long recognized problem in criminal theory. The classic expositions of this issue are by Thomas Nagel, in his chapter, "Moral Luck" (...
Jen's user avatar
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26 votes

Why is drunk driving causing accident punished so much worse than just drunk driving?

Drunk driving remains, per se, "victimless" - a breach of regulations - until someone actually becomes a victim. That puts less emphasis on the punitive role of the justice system and more ...
Therac's user avatar
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12 votes

Why does so much time elapse between guilty verdict and sentencing?

Sam Bankman-Fried's sentencing reflects the fact that a pre-sentencing report has to be prepared and a sentencing hearing has to be prepared for. These tasks aren't done or scheduled before there is a ...
ohwilleke's user avatar
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12 votes

How long is a life sentence in Georgia, US?

georgia If someone is sentenced to life in prison with possibility of parole, in Georgia, for sentences imposed from January 1, 1995 and June 30, 2006, the inmate is first eligible for parole after 14 ...
ohwilleke's user avatar
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8 votes

Why is drunk driving causing accident punished so much worse than just drunk driving?

Drivers are negligent all the time. Not only by drunk driving, but also by speeding, driving when really tired, etc. The question is, what level of negligence is enough to call it recklessness? The ...
J Fabian Meier's user avatar
7 votes

Why is drunk driving causing accident punished so much worse than just drunk driving?

Have you seen or watched the movie Minority Report? People were arrested and imprisoned based upon what they would have done in the future. While you are probably unable to drive in a reasonably safe ...
jmoreno's user avatar
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6 votes

Why is drunk driving causing accident punished so much worse than just drunk driving?

The question "How drunk is drunk?" is legally more flexible than "How dead is dead" Ultimately, the range of "Too drunk" could be heavily varied - depending on the region,...
Alexander The 1st's user avatar
5 votes
Accepted

What are the possible/likely penalties for violations of the TfL Railway Bylaws other than fare evasion?

england-and-wales Bob could search the TfL website or the web for TfL railway byelaws and soon arrive here: https://tfl.gov.uk/corporate/terms-and-conditions/byelaws Where there is a link to the TfL ...
Lag's user avatar
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4 votes

How long is a life sentence in Georgia, US?

In California, a life sentence typically means that, without being granted parole, commutation, or pardon, you will be in jail until you die. This differs from a capitol or death sentence, in that ...
hszmv's user avatar
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4 votes
Accepted

What does it take to be sentenced to a medium-security prison (US)?

united-states Short Answer They're a wealthy politician with a lot of influence, and they would certainly do everything in their power to rather wind up in a low-security prison. The easiest way to ...
ohwilleke's user avatar
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3 votes

Why is drunk driving causing accident punished so much worse than just drunk driving?

Although some of the answers make a good comparison between retributive and preventative punishment, there is a more utilitarian purpose for this difference. Simply put, the law exists so people do ...
The Z's user avatar
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3 votes

How is credit for time served and good time in jail applied against a prison sentence?

germany Time in custody before sentencing for one of the crimes involved is normally transferred directly 1:1 to prison time served. So someone who is in custody for 312 days before being sentenced to ...
nvoigt's user avatar
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3 votes

Are US federal guidelines and statistics available for sentencing for "possession of a gun by an addict"?

Rare or not, are US federal guidelines and statistics available for sentencing for "possession of a gun by an addict"? As the solid answer by DM notes, U.S. federal sentencing guidelines ...
ohwilleke's user avatar
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3 votes

Are US federal guidelines and statistics available for sentencing for "possession of a gun by an addict"?

I can at least look at the federal sentencing guidelines. From the description of the offense I'm guessing he's charged under 18 USC §922(g)(3). In the guidelines, this offense would appear to fall ...
D M's user avatar
  • 7,168
3 votes
Accepted

Can you be retried if you appeal a partial acquittal?

Suppose they are acquitted of all charges except one. If they decide to appeal the conviction and they succeed on their appeal, does that open them up to re-prosecution on the other charges that were ...
ohwilleke's user avatar
  • 218k
3 votes

What sentences are faced for vandalism (and more) in New Hampshire?

The legally relevant part is the destruction of property. In this case, the facade needs to be re-painted, windows replaced and someone paid to remove the locks, new HVACs need to be bought... That's ...
Trish's user avatar
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2 votes

Why is drunk driving causing accident punished so much worse than just drunk driving?

Consider these two scenarios: Alice has never driven whilst drunk before, but this one time she's forgotten that she came to the dinner party by car and drinks some wine. Realising her mistake, she ...
leftaroundabout's user avatar
2 votes
Accepted

Is there any minimum sentence faced by SBF?

See Matthew Bultman, "Bankman-Fried’s Pre-Trial Antics Haunt Him Before Sentencing" (3 November 2023): Judges are required to consider federal guidelines at sentencing, but don’t have to ...
Jen's user avatar
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2 votes

What jail time would be imposed for felony false imprisonment plead down from 4 felony rape?

The crime of false imprisonment in California is set forth in California Penal Code § 236. Many violations of California Penal Code Section 236 are charged as misdemeanors. The potential penalties ...
ohwilleke's user avatar
  • 218k
1 vote

Can a prison sentence be deferred?

The Office of Legal Counsel opinion from 2000 concluded that the President has immunity from prosecution and conviction while in office. A subsidiary conclusion was that: a sitting President may not ...
Jen's user avatar
  • 57.3k
1 vote

How is credit for time served and good time in jail applied against a prison sentence?

canada Almost every offender who spends time in custody before their sentencing is given credit at a rate of 1.5:1 under s. 719(3.1) of the Criminal Code. However, judges retain discretion to only ...
Jen's user avatar
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