Reference no: EM131438544
Weite 150 word response to discussion and the question in bold below. No title page. APA Format. Need to cite and reference
Orginal Response to Discussion question
Driving while intoxicated crimes in California include a charge of drunk driving which can however be reduced to a conviction of reckless driving involving alcohol. This crime of conviction of reckless driving is normally achieved through a plea bargaining whereby your blood alcohol content was at the border line.(Stim, 2017)
The distinction between DW1 crimes and other criminal acts in the state of California is that the only evidence for a DW1 crime is Blood alcohol content but for other crimes you must prove that the perpetrator actually committed the crime. There is more evidence needed in other criminal offences. (Komatireddy, 2006)
Recommendation for preventing the DW1 crimes in the state of California include ; The people being educated on the dangers of driving under intoxication and first time offenders to be let out with a warning while second or more time offenders to be given harsher punishments. This way it will serve as a lesson to the others.
References
Komatireddy, S. (2006). A Sentence Reinstated, a Text Set Aside: Shirking the Lockett Dilemma in Ayers v. Belmontes, 127 S. Ct. 469 (2006). Harv. JL & Pub. Pol'y, 30, 1085.
Stim, R. (2017) California Drunk Driving Fines & Penalties: Learn about the penalties for a DUI conviction in California. Retrieved at https://dui.drivinglaws.org Accessed on 16th March 2017
Respond to this below but mix it orginal response above
Laws vary from state to state but generally in order to be considered reckless a person's actions must show intentional disregard for the safety or well-being of another person or their property. So lots of actions can fall under this - driving while overly tired, practicing shooting a rifle in a crowded neighborhood, leaving a small child home alone, etc. Recklessness is all about the mens rea.
One more thing, often one crime can be interpreted to fit into several different charges with different mens rea elements. Take for example taking powerful medication (with warnings) and then getting behind the wheel.
If the person were to have an accident that caused a fatality or serious injury, they could be charged with numerous counts - DUI, reckless driving, reckless homicide, negligent homicide, reckless endangerment, and so on...Often DAs put up as many charges as they can at the grand jury stay of indictment and then seek to pursue the one with the most punishment later in the court process.
Defense attorneys then try to plea bargain for the lesser crime or argue for them at trial. The DA must prove the mens rea element either way.
Can you think of another reckless crime?
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