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JANUARY 2, 2010 2:49PM

YOU HAVE THE RIGHT TO REMAIN SILENT...

Rate: 5 Flag

Anything you say can and will be used against you...

Bob runs a stop sign and T-bones a car.  None of the people in the cars have drugs or alcohol in their systems.  No one was using a cell phone.   It is a tragedy.   Everyone involved will be traumatized when they wake up in the hospital.  All parties will feel unsafe and have physical, emotional and financial harm. 

The state will prosecute Bob for his willful negligence and seek a deserved punishment – he will be charged with anything from running a stop sign to involuntary manslaughter.  To decide this, his character and accountability will be assessed by
1.) his value to society (age, income, social status)
2.) his psychology:  “anti-social loner” versus “church-going family man in service to others”
3.) his demeanor (proper and genuine remorse)
The harm to his victims will also be assessed in determining his deserved punishment, according to
1.) their value to society (age, income, social status, criminal histories)
2.) their perceived weakness or helplessness (ie. babies, pregnant mothers, handicapped)

Severity of harm is determined by the state, not the victims themselves.  The more valued the victims’ narrative to society or its concept of injustice, the greater the punishment.  If for some reason the victims are forgiving (religious fundamentalist beliefs) or emotionally conflicted about their loss (driver #2 hated her abusive but now-dead husband, for example), the state will disregard these feelings.  Severity of the harm from the crash to Bob himself will not be a part of his punishment.
 
The religious and moral pain Bob exhibits will be key to his defense.  The collateral damage to Bob’s family may be ignored, may be mentioned as a mitigating circumstance by his defense or even by the prosecution if they are portraying Bob as a complete threat to society.  If his family is important enough vis a vis the victims he could even be ex0nerated.

The state will assess Bob’s demeanor (remorse, etc.) before sentencing.  His rehabilitation will be part anti-selfishness and part self-esteem in proportion to his demeanor.  He will be encouraged to be grateful for his punishment as a moral wake-up call.   However, if Bob is remorseful and penitent to the point of suicidal he will be prevented from hurting himself. 

Even if the accident only involves damage to the victim’s car some of these factors may still come into play.  The value of the damaged cars themselves  (new Mercedes versus old Ford subcompact) will be of importance and may be implied as suggesting things about the character of the drivers themselves.  As will compliance with regulations: valid license, registration and insurance.

Drugs and alcohol influence the outcome:  If Bob wasn’t 100% sober he would be punished more severely.  If the victims weren’t 100% sober they too could be punished in a separate proceeding, but it wouldn't affect Bob’s punishment.

Gender and stereotypes influence the outcome – (replacing “Bob” with a pregnant woman named “Sally” introduces a different bias to the process). 

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Comments

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Well done! Dang, write more.
Everything you always wanted to know about an accident but were afraid to ask! This is true and I've live though it. Great Post!
It sounds a little like something out of a Douglas Adams book, and yet, we know this to be true. So true!
I've seen murderers get off just by a hair cut, shave, and a change of clothes. But if you are rich, all you need is to make a phone call. Do you remember the St. Louis Beer Baron's son who shot his best friend over drinks about 25 years ago. As far as I know he got of scott free.

Freedom is all in the presentation and the cash at hand.
Ironically, for me, those who loudly thirst for punishment imply that the person commiting the "crime" invariably enjoyed it, that crime is tempting and addictive and that recidivism is inevitable. Crime as Sin, if you will.
Often people who share experiences and empathize with the victims will implore the state to thoroughly punish the person who commited the crime, up to advocating his/her execution. And sometimes people who share experiences and empathize with the person commiting the crime will advocate that the state show mercy in its punishment.

Manson family members were portrayed as brainwashed and under the complete mind control of Charles Manson. A few years later Patty Hearst was portrayed as a victim who morphed into a willful criminal.
For some reason this brings to mind the case of the representative from South Dakota who ran a stop sign drunk and hit a native American who was on a motorcycle. he killed the motorcyclist, admitted he was drinking, and paid a fine and got no jail time.
Yeah, I agree that status and society determines the punishment. Or lack of it.
I did clap for this, noah. This is the much needed intellect toward civility. In a marvelous piece you summed up our legal system and culture. Simply brilliant, noah.

Rated for truth.
Re: Patty Hearst. The Stockholm Syndrome was used to explain why she didn't try to escape but it didn't keep her from being charged with and going to prison for bank robbery.
Fascinating. I really have to think about this.