On Sun, 12 Jun 2016 00:02:49 +0100, Phil W Lee <
ph...@lee-family.me.uk>
wrote:
>Joerg <
ne...@analogconsultants.com> considered Fri, 10 Jun 2016
>16:42:08 -0700 the perfect time to write:
>
>>On 2016-06-10 15:58, Duane wrote:
>>> Joerg <
ne...@analogconsultants.com> wrote:
>>>> On 2016-06-10 15:39, Duane wrote:
>>>>> Joerg <
ne...@analogconsultants.com> wrote:
>>>>>> On 2016-06-10 15:17, Duane wrote:
>>>>>>> Joerg <
ne...@analogconsultants.com> wrote:
>>>>>>>> On 2016-06-10 14:46, Duane wrote:
>>>>>>>>> Joerg <
ne...@analogconsultants.com> wrote:
>>>>>>>>>> On 2016-06-10 13:00, Duane wrote:
>>>>>>>>>>> On 10/06/2016 3:43 PM, Joerg wrote:
>>>>>>>>>>>> On 2016-06-10 12:13, Sir Ridesalot wrote:
>>>>>>>>>>
>>>>>>>>>>
>>> Why should anything about the riders be investigated?
>>>
>>
>>Because we can all learn from it. For the same reason that aircraft
>>crashes are always investigated in great detail even if the pilot was
>>not at fault.
>>
>>
>>
>>>> And yes, lights do increase visibility. It is not required in the US
>>>> and, therefore, there could never be culpability on the part of the
>>>> riders. All I am saying is that is does reduce the chance of a collision.
>>>>
>>>>
>>>
>>> So make your point elsewhere.
>>>
>>
>>No, this is a very appropriate place.
>>
>>
>>>>>>
>>>>>>>> "Random attack" is an accusation. It might be true and what this driver
>>>>>>>> did was despicable but still, without proof I would never make an
>>>>>>>> accusation like that.
>>>>>>>>
>>>>>>>
>>>>>>> Chances are a state senator wouldn't either.
>>>>>>>
>>>>>>
>>>>>> That remains to be seen. There was no mention of any statement by the
>>>>>> perpetrator to that effect.
>>>>>>
>>>>>
>>>>> There was no mention of his being drunk either. Personally as I said to
>>>>> begin with, it would only affect the difference between first and second
>>>>> degree murder.
>>>>>
>>>>
>>>> That is why, at this point and until it is known, one shall neither say
>>>> the driver was intoxicated nor should one say he randomly attacked. It
>>>> is inapproriate until proven.
>>>>
>>>>
>>>
>>> He's guilty in either case.
>>>
>>
>>It's got nothing to do with it. One shall not make accusations until
>>proven. So far all we know is that he negligently killed and hurt
>>people. Even people who do such evil things have the right to due
>>process. The times of lynch mobs are long gone.
>>
>It seems that the DA has already decided to make accusations, and it's
>very unlikely to have been without evidence - 5 counts of murder 2,
>meaning it was deliberate, but without premeditation. And they would
>not have charged him if they weren't reasonably confident of getting a
>conviction. Simply fleeing the scene would have been sufficient as a
>holding charge, if there was much need for further investigation, or
>if they weren't sure they could show some degree of intent, it would
>have been vehicular homicide, not murder 2.
>Of course they aren't going to go into much detail on the evidence at
>this point, because they won't be wanting to contaminate the jury
>pool.
>
>If someone is actually intending to drive into you, being lit up like
>a Christmas tree isn't going to stop them - if anything, it will make
>you an easier target.
>
>But cases like this are exceedingly rare - so much so that this even
>made the news over here in the UK. It's the very rarity that makes it
>news-worthy. The steady death too on pedestrians is so commonplace
>that it barely even makes the local papers.
>
>Maybe you should be telling those pedestrians to stick little blinking
>red lights all over themselves instead.
>And of course, always wear a foam hat.
Realizing that State laws vary, what exactly does "charging" mean in a
criminal case? Can an individual be "charged" and subsequently
released without a court ruling of some sort?
I had assumed that it meant something like the " public"(district,
county, state, federal) attorney reckoned that the guy might have done
it and had at a least minimal amount evidence to show the possibility
and charging meant that he could be formally held, pending future
decisions.
But if tomorrow something comes up to show that he couldn't possibly
have done it do they just turn him loose? Does he have a recourse? Can
he sue someone for being unjustly charged?
--
cheers,
John B.