visagrunt wrote:
Bear in mind, the one who lit the match was not the same person who doused him in tanning oil.
Do you know which tanning oils are flammable and which are not? If you slather yourself in olive oil and stand near a candle flame will you combust? If you douse yourself in ethyl alcohol will it burn long enough to cause significant damage? Do you know how to stop, drop and roll? How close can a flame get to a person covered in tanning oil before it will reach a flash point? How might any of these variables have played a role in the decision making (or lack thereof) on the part of the accused?
What is the difference between a sentence of 3 years and a sentence of 20 years? Neither will bring the victim back and both will, I suggest, provide the same specific deterrent. We are not dealing with a habitual criminal in danger of recidivism. We are dealing with a stupid, reckless, self-centred adolescent. We are dealing with someone who's life will be irretrievably changed by this misadventure. But 20 years imprisonment will do nothing more than the three to which he has been sentenced to rehabilitate him. So why waste the time, money and effort on the longer sentence? Merely to slake the public's ill-formed sense that 3 is not enough?
Armchair jurists are making an enormous number of assumptions here and they do not serve the best interests of anyone involved. Yes, a young man died, and died under tragic circumstances. Was their intent to kill? Was their intent to cause bodily harm? Was this a matter of recklessness? Was there alcohol involved? Did the amount of alcohol serve to diminish a specific intent required for murder to a general intent sufficient only for manslaughter? The judge has the benefit of years of legal experience, and more importantly having heard all the evidence that was presented to him. (Bear in mind, that with a guilty plea to manslaughter and the prosecutor's decision not to pursue murder, the judge had a very narrow discretion to act).
The mob is baying for blood, and it sickens me almost as much as the offender's crime.
but at the same time, we have to reason that it is not okay to be apologists for this kid who obviously was being hateful and vicious beyond words. there is no excuse for his behavior, drunk, sober, or deranged. he took on the onus of culpability for whatever the outcome when he decided to abuse Steven in the first place. the court's handling of this seemed flippant from what i have read online. there is seemingly little regard, and the murderer should have tried more seriously.
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