The ramblings of a restless mind - Page 7

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desigal90 thumbnail
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Posted: 10 years ago
#61

Originally posted by: Star_girl

Lol what nonsense. How is your friend relevant here? Is she even from India? Salman is a murderer and should be in jail and his long-overdue blackbuck case should be done right now including perjury charges. Indian Judiciary system is problematic because of these rich losers like Salman who order their lawyers to drag cases forever. His lawyers thought let's just drag the case till the end of time and people will forget about it lol. Just as it happens in every other high-profile case here. For once, there is a proper punishment whether late or whatever and here are so-called well meaning people crying. So annoying. -_- "impaired judgement"? Lmao what? Phir tou those Delhi rapists should also get off scot-free because they were drunk too. Killing someone while drunk driving is culpable homicide and he's charged for the same.

Whatever happened to Saif's case anyway? Shouldn't he be in jail too?


Since you can't partake in a discussion that so far was going very nicely in a respectful manner, I don't think I need to respond to your questions or "silly" post either.

Anyways.

For the rest of ya'll, great debate everyone! Keep it up and hopefully we'll continue the healthy discussion 👍🏼



Edited by desigal90 - 10 years ago
desigal90 thumbnail
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Posted: 10 years ago
#62

Originally posted by: IAmLuvBolly

Desigal and Kitkataha, this is becoming a very interesting discussion. You guys are making some very interesting points.


It's good to have a good discussion on IF now and then without the trolling and sarcastic digs 😊


Originally posted by: chocolover89


Manslaughter is not the same as murder...people drinking and driving, who end up killing someone unintentionally, are charged with vehicular manslaughter. Murder punishment is much worse for a reason because like you said intent most definitely matters. There's different degrees of vehicular manslaughter...there's manslaughter while intoxicated, then gross negligent manslaughter while intoxicated. People do get different sentences based on the crime.

Like other's have already said...compensation cannot be in exchange of punishment.


Oh yeah, I never denied that it was irresponsible. And of course, most of us here weren't saying you can be exempted based on drinking. Just wondering what alternate means of punishment could be employed in such a case. And like most of the folks on here mentioned, monetary compensation just puts the rich at a huge advantage. The poor couldn't possibly afford that, so it would make no sense for the rich to just pay up while the poor man compensates with jail time.

Originally posted by: Angel-likeDevil

Desigal, I get what you are saying... But this entire string of events are just o sad.. From running over to seeking plea from HC. Not just this case..any criminal case is just saddening. One suffers at the expense of another's foolishness, recklessness, insanity, cruelty. Commission of crime and then punishment aren't so simple..they entail so much emotional turmoil. It feels unfortunate for both parties. Isn't it unfortunate that some of your fellow humans aren't humane enough or lose their humaneness?

I guess punishment is just deter other people or check against further unlawful activities by the erroneous.. Otherwise, it serves no purpose for the bereaved and also for the erring unless they meditate/reflect over their actions and improve their inner selves during their penitentiary life.

Yeah deterring others from similar acts was a factor that I never really paid much attention to. Hopefully seeing such a high profile case others who indulge in irresponsible acts like drinking and driving will realize that it has serious consequences. Problem is, most people never think it'll happen to them. Especially when intoxicated, most people tend to think they're in full control and senses.
I've seen the worst of the irresponsible acts with texting and driving though. Or even shuffling through the phone to put on the next song. One moment is all it takes.
Edited by desigal90 - 10 years ago
charminggenie thumbnail
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Posted: 10 years ago
#63
@DH- Interesting debate here, guess most have made valid points just considering Salman ,the intent and irresponsible behaviour are relevant because unlike other cases that people are citing around Salman had a police constable on duty who warned him repeatedly about drunk driving, the speed of the vehicle , so he knew about the possible fate . He not only disregarded the law but a figure of authority and risked lives. Hence he should be made an example with the harshest punishment for this very reason that not only was he reminded of the consequences of his actions before the event but he chose to ignore them all. His case is even more worse because not only did he accept his mistake , he mislead the court, planted a witness and so many offences which clearly shows his intent was to of repentance.So unlike your friend he didn't even own up to the mistake/crime.
This idea that he should be exempted or given some other form of punishment just will create differentiation based on economics. Rich people will keep funding NGOs , charity front and will become more reckless because they would have this safety net.Your classmate had money, resources to cover up for her mistakes, a poor person committing the same crime won't have the luxury.
gilmores thumbnail
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Posted: 10 years ago
#64

Originally posted by: desigal90


Oh yeah, I never denied that it was irresponsible. And of course, most of us here weren't saying you can be exempted based on drinking. Just wondering what alternate means of punishment could be employed in such a case. And like most of the folks on here mentioned, monetary compensation just puts the rich at a huge advantage. The poor couldn't possibly afford that, so it would make no sense for the rich to just pay up while the poor man compensates with jail time.


The only other alternate punishment I can think of is community service...but wouldn't that just let Salman off very easy? He may not have had intent to kill, but what he did was illegal and did result in loss of life. Not to mention the way he reacted AFTERWARDS...running from the scene, planting witnesses/buying off witnesses, perjury, etc. He didn't show any genuine repentance over the years did he? So why should he be let off easier?

Also, then people will Salman and say that he got an alternate punishment and no jail time, so I should too. My crime is not as bad. Not to mention, it sends out the idea that do whatever you want, if Salman got away with it, you will too.


Edited by chocolover89 - 10 years ago
sharif_lafungi thumbnail
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Posted: 10 years ago
#65
nd another point y punishment is necessary coz it will set example to many...
if salman got escape frm this... indian judiciary system will go to drains
Edited by Au_Revoir - 10 years ago
DianaPrince thumbnail
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Posted: 10 years ago
#66
The maximum punishment for 304A is 10 years
he got 5. He has black buck on his head too.
Wasting courts time,lying and blaming driver


5 years is good.
TheekThaak thumbnail
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Posted: 10 years ago
#67
I don't understand this when people say, what's the use of putting him behind bars after so long etc...etc..People use their muscle power, monetary power , brains...almost everything and try their best to get away with the sentence. Sometimes, it keeps on dragging depending on the power of involved parties. So yeah, if justice has to prevail it needs to raise above all that and convict the criminals. The process is tedious but doesn't mean one should get away with the sentence altogether. That way, our already crippled society will only get worse.


It can not be just about the compensation...If you see the larger picture, criminals affect the society as a whole, so they need to be punished according to the law for creating disturbance. Even if it happens after numerous delays. Only compensation will not instill fear amongst the other rich and influential criminals. They need to be punished for creating chaos in the society.
AllBlacks1 thumbnail
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Posted: 10 years ago
#68
U can never compare drink driving with "careless moments in driving" like texting, eating, changing CDs, or if the child on back seat behaving badly... COZ
when the accident occur in those situations, and god forbid, some1 even dies... the cops can tell by ur shaken behaviour that it was just a mistake. If u tell the truth, and show natural remorse that comes with it, its all been taken into account. As I said, no 2 cases r same... may be similar but not the same. That's why court decides on verdict and sentence.

Driving under influence is whole new ball-game.. anybody who drinks like myself.. knows that it does impair judgement. Alcohol is widely acceptable in western culture.. heck even more than smoking. And there r so much awareness around it. The first one is.. "dont drink and drive" and now the tv ads say "dont drink and fry" means dont cook when u r drunk.. coz u might fall asleep and fire can take away everything that u have.. inc. ppls' lives.

A moment of distraction happens coz we r humans, and thats why the accidents. But if u r aware that U r drunk and should not be driving, thats the first minus in ur check list. Doesnt matter how good and safe driver U r.. if u come across a check post and fail the breathlizer test, U r done. For a first time offender, its some $ 600 and a court appearance. U may held ur licence. But for repeat offenders, It can go upto years in jail.. Its a serious crime. Alcohol is "downer" in drugs check list.. coz its a depressant ... but its in body n brains, its very powerful.. it enhances all the emotions to several levels.. a sad person wud cry, a happy person wud dance, a tired person relaxes, a bored person get excited, 2 strangers can hook up for one night stand, a cheated person can go on onto harm himself/herself or others... the list just goes on.

Its that state of mind that can cause chaos.. depends on the mood of the person behind the wheel.. on high speed, it stimulate the mind even further.. giving false feeling of being "bullet proof" and one road rage incident can multiply that to 10. Guys try to act superman (the car chases of HW movies) and girls want to be guys (no less than them). This is all b4 the accident happens.

When the car comes to stop.. and bells ringing in head.. or complete silence... is when u realize something terrible happened. And u just wanna get the hell out of from the clutches of law.. yes, alcohol can do that. Thats why normally cops in such accidents just take the blood samples and let the person detox in a cell and then take the statements afterwards.. most of the times they r just blacked out as to what happened.

There r different effects on brain with other drugs.. some can make u wide alert for 4 days without any sleep and some can make u sleep for 4 days str8.

So, thats the small details.. 😆 how it works.

U cant compare it to temporary distractions while driving.. its much more than that. And it has past ,present and future.

AllBlacks1 thumbnail
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Posted: 10 years ago
#69
In Salman's case..
The details r all there. Its not actually what happened b4 and at the time of accident. It's actually what happened happened after that. For 13 long years. That makes him monster. Not just a boy who drank and drove wildly. 5 years is ok for that incident only. If Mr Patil's case is opened, he should go in for life. Let alone his other adavntours.

Lots of dramas will unfold ... but I m happy for Indian judiciary system for now.. more or less.

Salman is not just a drunk driver, hit-n-run case... its much more than that. The msg had to be given.





bips thumbnail
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Posted: 10 years ago
#70
Desigal, the problem with this reasoning is that it goes against the very foundation of the law - that everyone is equal in the eyes of law.

Which means that a rich person can pay compensation to the victim but what if a middle class or not so rich person was driving the car.?

He cannot pay money. So he will have to go to jail. Which means that the justice system is skewed even more in favour of the rich.

The indian legal system is faulty but the american legal sytem based on plea bargains is equally faulty. It is beyond doubt favouring the rich

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