<p>kluge:</p>
<p>Let’s break this down to make it more manageable. I’m sure the law has all sorts of distinctions and it would be helpful if I knew them, but I don’t. So, I’m going to wing this.</p>
<p>First off, I think it’s a matter of responsibility and accountability for one’s actions. I’ll explain.</p>
<p>Let’s take the case where someone is killed because someone else was careless. A man backs up over a two-year-old who has been allowed to run free in the neighbor’s yard. Careless? Well, just barely. It’s hard to imagine that any reasonable person would check behind his wheels before backing his car out of his driveway. The rearview mirror, yes. But there’s a limit to how careful it’s possible to be, and the parents of that two-year-old bear the greatest responsibility in my book.</p>
<p>Let’s go on. A kid falls asleep at the wheel, crosses into oncoming traffic, and kills someone. The kid bears responsibility because he shouldn’t have been driving when he was that tired. But we can forgive this, at least a bit, because tiredness is a human condition. It happens. The kid should be punished, but he, as you say, had no intent to drive while impaired.</p>
<p>Next, a woman drives while drunk, hits a pedestrian, and kills him. Here you have a greater responsibility because the woman voluntarily impaired herself, then voluntarily put others at risk. I believe this warrants a hefty prison sentence.</p>
<p>Moving up the scale, a man is offended in a bar, tracks down and beats another man who later dies. Clearly, he is out of control with anger, but does he not have a responsibility to control that anger, and should he not be accountable for his actions? He may not have meant to kill the man, but he did so all the same. I see this as reprehensible, and should require a very stiff sentence.</p>
<p>Next, we have two kids who decided to set a fire in a place where large numbers of people sleep. When the fire became dangerous, they didn’t help anyone or alert anyone. Three people died, and others were cruelly burned. After the fact, they tried to get people to lie for them. This was a deliberate act a degree up from the guy who beat another guy to death because this was in a place and at a time where that sort of “non-intentional” murder probability was very, very high. I see this as being completely malicious and criminal.</p>
<p>And then, of course, another step up and we have the person who deliberately contemplates, plans, and executes murder.</p>