Liberty4Life wrote:Wikipedia also offers this definition for murder, according to Common Law:
1. the act (actus reus) of killing a person
2. the state of mind (mens rea) of intentional, purposeful, malicious, premeditated, and/or wanton.
The definition of "wanton" includes six categories:
1. lewd or immoral
2. cruel for no reason
3. unprovoked or capriciously violent or malicious
4. abundant and luxuriant
5. undisciplined
6. sexually open/free
I would argue that Donte Stallworth and Jayson Williams violated category of #5 -- undisciplined (and also #2 -- cruel for no reason. Just get a cab!) When you are drunk and you do things like a) play with guns or b) get behind a car, you are putting someone's life at risk. What Donte Stallworth said was, 'I am drunk but I don't care what happens to me or anyone around me'. Long story short -- I would have sympathy on Stallworth if he were a) sober and b) driving the speed limit. But he wasn't. And someone is dead because of what he did.
I don't know why we as a society turn such a blind eye to drunk driving, especially celebrities (who are supposed to have a monopoly on 'caring'). I think it's high time we crack down on these murderers.
(But thanks for letting me get up on my soap box!)
I don't think what Donte did was murder. If he had crashed into a storefront and killed people innocently walking through the store, or onto a sidewalk and plowed over legally walking pedestrians, thats one thing. He hit a jaywalker, who probably wasn't in his right mind, either. I was in a situation a couple years ago where I nearly ran over a drunk guy who was crossing a street at night illegally. Would I have been a murderer? I wasn't drunk, but I would have killed someone... but I wouldn't be a murderer because he broke the law and put himself in a position where his death was on his own hands.
The way I look at it... imagine if you're going bungee jumping. Best case scenario is that you get everything hooked up the right way, you jump, come back up, and have fun. However, if the operator of the bungee jump is careless, or drunk, or whatever, and doesn't hook you up the right way, and you are injured or you die, then he, in effect, murdered you, thanks to #5 up there that you stated. However, regardless of the state of the man who helps you get ready, if you break the rules of the bungee jump, or modify the equipment, in a way that causes you to be put in peril, then it doesn't really matter what the guy running the bungee jump does. If you know the rules (assuming you are given a waiver explaining your rights), and you disobey them, and it leads to your injury or death, you really have no one else to blame. Part of the laws where it pertains to drunk driving is to determine wether or not the tragedy that occurs as a result of the drunk driving would have happened had there not been drunk driving. In this case, any reasonable person would agree that a possibly drunk/high/crazy man crossing a busy street in the early morning hours of darkness in a place/time where it was unsafe/disallowed to cross, who is struck by a vehicle and killed, is responsible for his own death. Donte was caught driving drunk as a result of this accident, and was held responsible for his DUI, but I really don't think you can show that by driving drunk, he put this man in any more peril or danger than he was already in.
Lets not forget that Donte was not the only person breaking the law here. He didn't kill an innocent, he killed someone who put themselves in a dangerous situation. That's why he was cooperative with authorities the whole way thru the process, and didn't hide behind anything. He was over the legal limit, but obviously coherent enough to know that he needed to call police and do what they told him to do. It's a tragedy that anyone should have to die like this, but to say that Donte was undisciplined is one sided, because the man illegally crossing the street was undisciplined, as well. Mutual lack of discipline makes it manslaughter at best, and not murder. If two people texting while driving get in a head on collision, they're both in the wrong and deserve what they get. The same should apply here. I am not condoning drinking and driving. I am glad he was brought to justice for his DUI. But I don't think he needs to be hanged for killing a jaywalker at 2 AM on a busy street. Drunk or not.
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