Versus 'I'm trying to hit this bridge' criminal. Which is how the title kind of sounds, that might be 'click-baity' a bit.
EDIT: Thought, guess switching fuel is more of a direct act, versus just poor maintenance.
Maersk and its insurers are going to fight over how they split ultimate responsibility, maybe even go to court over it, but the insurance company is the first big payee in line, even if they’re not responsible for the full (multi-billion dollar) amount.
Homicide is literally just person kills person. That includes murder, manslaughter, self defense, etc.
The underlying logic is risking someone’s life is violent.
"Felony murder" is a specific crime, and not some generic term. It's when someone is killed during your crime but that you didn't cause the death directly. In those cases, you can be charged with murder (and it's very much a murder charge, not a manslaughter charge) anyway, simply because you set into motion the circumstances that would lead to that criminal killing. Often, when that charge is leveled, you have all sorts of silly liberals defending them "well, he didn't fire the shot himself, blame the other guy" and crap like that.
I keep forgetting that most people don't seem to have much interest in this, nor do they understand any of these crimes. Murder's just an interchangeable word for "someone was killed" for most of you. It's sort of embarrassing. Don't you feel bad that your vote counts as much as mine?
Yes, in this specific case you are misinformed.
“Monterey County District Attorney Jeannine M. Pacioni announced today that David Merino Ramirez, age 32, was sentenced today to 15 years to life in state prison after a jury in February convicted him of Murder and Vehicular Manslaughter. Judge Rafael Vasquez imposed the sentence.
On August 21, 2020, around 9:00 p.m., Ramirez was driving northbound at speeds exceeding 80mph on Metz Road between the cities of Greenfield and Soledad. Due to his excessive speed and level of intoxication Ramirez lost control, striking a dirt embankment and flipping his car upside down. His passenger, Noe Santillan, 26, was pronounced dead at the scene of the crash by first responders.”
04/11/2024 https://www.countyofmonterey.gov/Home/Components/News/News/1...
Edit: Newspaper article https://salinasvalleytribune.com/jury-convicts-soledad-man-o...
Different cases:
April 12, 2024 https://www.foxla.com/news/pandolfi-yesenia-aguilar-dui-driv...
March 31 2024 https://www.elpasotimes.com/story/news/crime/2024/03/31/el-p...
February 1 2024 https://www.sanluisobispo.com/news/local/crime/article284973...
Nationwide it’s quite common.
>after a jury in February convicted him of Murder and Vehicular Manslaughter.
In other words, manslaughter not murder. You're using the two terms interchangeably, and they're simply not such, not in any legal discussion. I also like how you get your citations all nice and pretty, got good grades for that in school, I'm guessing... but can't get the substance of your argument right (and couldn't read mine with comprehension, apparently).
Do you understand that "murder" and "manslaughter" are two different classes of crimes, and that the latter, manslaughter is pretty much always the lesser class of crime? Murder generally requires things like intent to kill, premeditation, even "depraved indifference" or callousness. No drunk driver is ever charged with murder, and if they were, it's doubtful that a judge wouldn't pimpsmack it back out of court immediately. I don't know how this can be explained more simply. Jailhouse crooks often get this, and most of them are borderline retarded.
https://www.keglawyers.com/vehicular-manslaughter-penal-code...
PC 192(c) vehicular manslaughter filing, the punishment if convicted can include:
two, four, or six years in the California state prison and that’s it it caps at 6 years not 15 to life.
If you don’t believe them here’s the actual statute: https://leginfo.legislature.ca.gov/faces/codes_displaySectio....
1. I'm just bad at maintenance.
2. I was performing an illegal act, like the fuel switch.
3. I'm really intentionally trying to hit this bridge and have done some sabotage to make it happen.
Example of someone convicted him of Murder for a fatal car accident while driving dunk at 80+MPH. https://www.countyofmonterey.gov/Home/Components/News/News/1...
Anybody know if 'fuel switch' is a felony?
Without intent the most could be (Gross Negligence) Manslaughter, which has a significant sentence considering it doesn't require intent, but is very specifically not Murder.
Yes, "X degree Murder" isn't a thing in the English system and the sentence for Murder will be life imprisonment (what Americans might call "indeterminate" life because you can get parole)
England used to have an oddity where the Home Secretary (ie a government minister, a politician) gets to decide whether some people can be paroled. As you might expect it's not popular politically to parole famous criminals and so certain people regardless of how long ago the crime was committed and other circumstances were refused parole. The Supreme Court eventually concluded this isn't justice, and took away this power. In their ruling (which I fixed a typo in) they looked at a whole suite of interesting cases where people were currently basically facing life with no possibility of parole
1. They decided they need to pick the worst possible criminal circumstance and single that out for this punishment, as punishment is all it is, any other possible purpose isn't circumvented by the existing parole institution - if we want people to show remorse, to accept what they did and why it's wrong, to be useful in their community, or whatever - stuff like that is already what parole is for.
2. They decided that circumstance should be two more separate murders. So e.g. you kill Bill with a hammer, and his wife walks in on you, she tries to intervene, you struggle and stab her, that is two murders, but it's not two separate murders, you could still be paroled some day. Whereas if you've got a habit of hiring prostitutes and then murdering them to relieve stress after a long week at work, those are separate murders, so if you get convicted for two (or more) that's life-means-life.
3. A lot of the really awful people whose cases were front of them haven't committed two separate murders. But, they point out, just because the law doesn't refuse these people the possibility of parole now that a politician doesn't get to decide, it doesn't magically mean they're granted parole. Paroling the guy who just really likes raping old ladies isn't going to happen. He's not even remorseful, he still wants to do it again, so obviously we can't let him out of prison, but we don't need to change his sentence - he's already going to be in prison for the rest of his life anyway.
This reminds me of the situation for Anders Breivik. He killed a whole bunch of kids, but in his country the maximum was 21 years. But Breivik is never getting out, he still believes what he did was good. So in effect it's exactly the same as life-means-life for him, it only makes a difference where it should, for the people who change.
[Edited to fix Breivik's sentence, which I had previously mistakenly believed was Life, in fact it's 21 years and they'll just extend it as necessary until he's dead or stops being a Nazi terrorist]
I guess this is probably connected with the US retaining the felony-misdemeanour distinction when most other countries that inherited their laws from England (including England herself) have abolished it: you literally can’t have a felony murder rule if you get rid of felonies, you can have some somewhat analogous rules, but they usually end up being narrower in practice
Also, for a long time (until the 1950s), murder had a mandatory death penalty in England (and much of the British Empire), which produced pressure to define the crime narrowly (if jurors thought the person was guilty but didn’t deserve death, they’d acquit). Since the abolition of the death penalty, that pressure no longer exists, but there has been little pressure to broaden it either
There’s nothing clickbaity about the headline. It’s completely accurate without embellishment. It just didn’t precisely match your expectations.