Though he needs to be severely punished, I'm not sure the murder charge is really justified. The tweets that I've seen don't imply any intent to kill, just apathy and arrogance. As much as he's an asshole, it's unjust to make an example of someone just to make a point.
I think it is sort of like the extra penalties that people can get for armed robbery as opposed to regular robbery when someone ends up dead. If someone deliberately creates a significantly more dangerous situation then they should be punished more severely when things go wrong.
You don't need malice for a murder charge. Being reckless enough can do it. If you run around town shooting a gun into buildings, it's murder even if you just like the holes it makes in the walls.
In this case, because he obviously had absolutely no regard for safety, it's murder. If you just have a split second of inattention and kill someone, then it's manslaughter.
npr.org
Though he needs to be severely punished, I'm not sure the murder charge is really justified. The tweets that I've seen don't imply any intent to kill, just apathy and arrogance. As much as he's an asshole, it's unjust to make an example of someone just to make a point.
Hmmm. I'm finding out that Cali has a "reckless indifference murder" classification. Which I assume is what they are using.
I think it is sort of like the extra penalties that people can get for armed robbery as opposed to regular robbery when someone ends up dead. If someone deliberately creates a significantly more dangerous situation then they should be punished more severely when things go wrong.
Makes sense to me, and I'm fine with it being an... shall we say "addendum charge" separate from willful murder. Sort of "Super Manslaughter"
It's second degree murder, which can arise from a willfully negligent action.
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You don't need malice for a murder charge. Being reckless enough can do it. If you run around town shooting a gun into buildings, it's murder even if you just like the holes it makes in the walls.
I think the odd part for me, is where the line between manslaughter, and murder is. It seems like a gray area.
In this case, because he obviously had absolutely no regard for safety, it's murder. If you just have a split second of inattention and kill someone, then it's manslaughter.
That's why we have juries.