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How much should consequence of a crime be taken into consideration? (Scenario inside)

I was watching an online stream a while ago, and the streamer made a comment that makes me wonder if our justice system is the best it could be. Imagine two scenarios:

Scenario 1: A man went out with friends and family and got intoxicated and drives home drunk. A police officer notices him, follows him and eventually pulls him over and the man gets charged with his first DUI. Depending on the state he is in, he gets his license suspended, fined, and possibly receive some jail time or probation.

Scenario 2: Same situation, same man drives his car just as drunk, but instead gets into an accident. Later, the other driver dies at the hospital. His driving was not particularly reckless, but he was drunk nonetheless. He is charged with a felony and is sentenced to 5+ years in prison.

In both scenarios, the man made the same decision to drive drunk with the intent on going home. Both were breaking the same law but circumstances instead lead one into an accident (both drivers made mistakes that lead to the accident). One man gets off with a relatively weak punishment, the other receives a vastly more severe punishment.

Posted Jul 10, 2012, 11:11 AM UTC

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