UNLV's top recruit Zaon Collins involved in DUI fatality

Video gif. Man wearing a gray wig, sunglasses, and headphones is dressed in historical colonial clothing with an American flag wrapped around his neck. He's swathed in a bunch of red flags, some coming out of his mouth. He waves some wildly before tossing them to the side.
 
Yes, and the murder weapon is the vehicle. Calling it an "accident" is absurd. When you are so reckless to get behind the wheel drunk, and you end up killing someone, it is murder.

Say you want to put a hit out on someone you want dead. The assassin could stalk the victim until they get on the freeway and just drive them off the road. Oops, accident. Here's a fine and a short stay in jail.
 
Yes, and the murder weapon is the vehicle. Calling it an "accident" is absurd. When you are so reckless to get behind the wheel drunk, and you end up killing someone, it is murder.

Say you want to put a hit out on someone you want dead. The assassin could stalk the victim until they get on the freeway and just drive them off the road. Oops, accident. Here's a fine and a short stay in jail.
Pretty sure murder must be premeditated. It's manslaughter 1 at worse but I'm no lawyer so I could be wrong.
 
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Pretty sure murder must be premeditated. It's manslaughter 1 at worse but I'm no lawyer so I could be wrong.
IANAL, but I thought there's a version of murder where it's not premeditated, but it resulted from actions so incredibly reckless that the law is basically, "what the hell did you think was going to happen?".
 
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IANAL, but I thought there's a version of murder where it's not premeditated, but it resulted from actions so incredibly reckless that the law is basically, "what the hell did you think was going to happen?".
Maybe but I think intent is the real issue here.
 
I'm no lawyer, but I think 2nd degree murder is killing someone without premeditation. There's also manslaughter, negligent homicide, etc.
Different jurisdictions use their own language.
 
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I'm no lawyer, but I think 2nd degree murder is killing someone without premeditation. There's also manslaughter, negligent homicide, etc.
Different jurisdictions use their own language.
I'm no lawyer either but I thought 2nd degree as you said doesn't include premeditation but would include intent to kill or injure like a crime of passion (in the moment) murder or beating the **** out of someone in a bar fight and crossing the line so they die - but you didn't go to the bar looking to kill the guy.

I'm not an attorney, but I play one on TV...
 
I'm no lawyer either but I thought 2nd degree as you said doesn't include premeditation but would include intent to kill or injure like a crime of passion (in the moment) murder or beating the **** out of someone in a bar fight and crossing the line so they die - but you didn't go to the bar looking to kill the guy.

I'm not an attorney, but I play one on TV...


This is what I understand also. Like if you plan it out, it's murder 1. If it happens in the heat of the moment it's murder 2. Manslaughter would be something along the lines of doing something wreckless that killed someone. To quote Brian Reagan (The Comedian) Manslaughter actually sounds worse.
 
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I'm no lawyer either but I thought 2nd degree as you said doesn't include premeditation but would include intent to kill or injure like a crime of passion (in the moment) murder or beating the **** out of someone in a bar fight and crossing the line so they die - but you didn't go to the bar looking to kill the guy.

I'm not an attorney, but I play one on TV...
I really did stay at a Holiday Inn Express last night! Figure I'll take the bar exam this afternoon!
 
Yes, and the murder weapon is the vehicle. Calling it an "accident" is absurd. When you are so reckless to get behind the wheel drunk, and you end up killing someone, it is murder.

Say you want to put a hit out on someone you want dead. The assassin could stalk the victim until they get on the freeway and just drive them off the road. Oops, accident. Here's a fine and a short stay in jail.

Manslaughter. Not murder.
 
I am an attorney, but I haven’t studied for the bar in a while…

All criminal laws are statutory, and most crimes are state-level, meaning there can be variations from jurisdiction to jurisdiction.

However, AFAIK basically every state is very similar with murder/manslaughter.

Murder 1 is what you think of; premeditation to kill another person.

Murder 2 is when you intend to kill the person, but it wasn’t necessarily premeditated (think, escalation of a bar fight and then pulling a gun or knife or something; you intended to stab/shoot, but didn’t go to the bar intending to kill someone).

Manslaughter is when you kill somebody but didn’t have the intent to kill them. Drunk driving is a pretty frequent example.

Some states also have “depraved heart murder,” which is basically where the actions weren’t necessarily intended to kill someone, but it is SO dangerous that any reasonable person would know they are almost certainly going to kill someone. There was an old case (don’t remember the name) where some young adults were going to a highway overpass and basically shoving boulders/big rocks over the edge onto the road, and killed someone driving by. Technically they weren’t intending to kill someone, but it was SO STUPID that it was a murder charge. Most of the time, drunk driving accidents don’t rise to depraved heart murder, but they CAN rise to that level, for example, if there’s a history of multiple DUIs or other specific facts.

There is also felony murder; this is when you kill someone during the carrying out of a violent/dangerous felony (robbery, kidnapping, arson, that kind of thing).
 
The reality is drunk driving laws are not nearly severe enough. You shouldn’t be able to get probation for killing someone. And even in TX that is an option, which blew my mind.

Living in San Antonio it’s much worse as we have a sizable population who likes to drink and also isn’t the most responsible group. Worse many are only ‘guests’ and view our laws as a mild inconvenience & a DWI with injury or death as a crime carrying the punishment of having to go home.

Frankly it’s infuriating because it’s not just limited to DWI’s. Commercial trucking down here is borderline 3rd world standards because enforcement is…and you’re not gonna believe this…it’s racist. Same with expectations of car insurance.
 
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Manslaughter. Not murder.
Call it what you want. A person who kills someone recklessly with a car is rarely held accountable.

Getting rear-ended by a 3x DUI offender who was going 90 in a 55 has changed my entire outlook. The guy got probation and a fine. What the hell does someone have to do to get their license revoked in this country?
 
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