My thoughts and prayers go to the families affected by this crime. I say revoke the guy's driving priveleges for life, fine the bejesus out of him, AND throw him in jail. But his show of remorse and apology will probably get him what his lawyer was wanting. When the guy gets off, he will start drinking again (and most likely driving). They always do.
Shades of Janklow
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Well, the jury refused to give a guilty verdict to reckless homicide. This is quite usual since juries are usually made up of cagers and the jury members would want the same pass for themselves. You can bet that if he killed a soccer mom and a toddler in a minivan he'd have been found guilty.
I have said for years, if you want to kill someone, kill em with a car. All you need to do is shrug your shoulders, and say you are sorry and you walk. Try explaining how you killed someone playing with a gun while drunk, and see how many years you get to reside in the Graybar Hotel. Unless you are Jayson Williams of course!
One wonders why the case took so long to go to trial. Has Dvorak been in jail all this time? Sounds like it. So he won't get off scot- free no matter what.
It's always painful to read of the loss of someone who had their life before them only to lose it due to the wrongful actions of another. But it illustrates the random and unpredictible nature of life and how impossible it is to fully insulate oneself from such a turn of events not withstanding the notion of some that they have some magic charm related to their transcendent riding skill. See previous thread.
It's always painful to read of the loss of someone who had their life before them only to lose it due to the wrongful actions of another. But it illustrates the random and unpredictible nature of life and how impossible it is to fully insulate oneself from such a turn of events not withstanding the notion of some that they have some magic charm related to their transcendent riding skill. See previous thread.
Illinois Reckless Homicide
Here's the Ilinois law:
(720 ILCS 5/9‑3) (from Ch. 38, par. 9‑3)
Sec. 9‑3. Involuntary Manslaughter and Reckless Homicide.
(a) A person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly, except in cases in which the cause of the death consists of the driving of a motor vehicle or operating a snowmobile, all‑terrain vehicle, or watercraft, in which case the person commits reckless homicide.
(2) Reckless homicide is a Class 3 felony.
(e‑7) Except as otherwise provided in subsection (e‑8), in cases involving reckless homicide in which the defendant was driving in a construction or maintenance zone, as defined in Section 11‑605 of the Illinois Vehicle Code, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.
Janklow was charged with second degree manslaughter, which is a "class four" felony. That's 10 years and a $5,000 fine in SD. If he had been drunk, it would have been first degree manslaughter, which would have been a "class three" felony: 15 years and a $15,000 fine.
So Dvorak is faced with a slightly stiffer charge. Note how SD has a more severe sentencing structure than IL. The criminal codes for the two states reveal a lot of fun red state v. blue state differences. Go to www.findlaw.com and explore! It's fun.
You'll get the MO "Bored at Work" award if you can find the (now repealed, but still listed) section of the SD criminal code for "Sabbath Breaking".
Here's the Ilinois law:
(720 ILCS 5/9‑3) (from Ch. 38, par. 9‑3)
Sec. 9‑3. Involuntary Manslaughter and Reckless Homicide.
(a) A person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly, except in cases in which the cause of the death consists of the driving of a motor vehicle or operating a snowmobile, all‑terrain vehicle, or watercraft, in which case the person commits reckless homicide.
(2) Reckless homicide is a Class 3 felony.
(e‑7) Except as otherwise provided in subsection (e‑8), in cases involving reckless homicide in which the defendant was driving in a construction or maintenance zone, as defined in Section 11‑605 of the Illinois Vehicle Code, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.
Janklow was charged with second degree manslaughter, which is a "class four" felony. That's 10 years and a $5,000 fine in SD. If he had been drunk, it would have been first degree manslaughter, which would have been a "class three" felony: 15 years and a $15,000 fine.
So Dvorak is faced with a slightly stiffer charge. Note how SD has a more severe sentencing structure than IL. The criminal codes for the two states reveal a lot of fun red state v. blue state differences. Go to www.findlaw.com and explore! It's fun.
You'll get the MO "Bored at Work" award if you can find the (now repealed, but still listed) section of the SD criminal code for "Sabbath Breaking".
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Yankees.
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Red State vs. Blue State comparision???
Red State - South Dakota.
[*]Jaklow doesn't stop at a stop sign, a clear violation of the law
[*]Receives a lesser charge
[*]Receives a days in jail
Blue State - Illinois
[*]Dvorak fails to yield an violation with a more agruable defense than Jaklow
[*]Receives a stiffer charge
[*]Recieves years in prison
Is this over generalization? or is this the defacto standards of justice given the very different bi-polar views of the universe...
Red State - South Dakota.
[*]Jaklow doesn't stop at a stop sign, a clear violation of the law
[*]Receives a lesser charge
[*]Receives a days in jail
Blue State - Illinois
[*]Dvorak fails to yield an violation with a more agruable defense than Jaklow
[*]Receives a stiffer charge
[*]Recieves years in prison
Is this over generalization? or is this the defacto standards of justice given the very different bi-polar views of the universe...
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Correction
DUI probably trumped everthing Nevermind.
DUI probably trumped everthing Nevermind.
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Re: Red State vs. Blue State comparision???
Your are right. Had a brain fart i.e. I didn't consider the DUI thing.... I think Janklow was also trying to use the twinki defense because he has Type 2 diabetes....
Your are right. Had a brain fart i.e. I didn't consider the DUI thing.... I think Janklow was also trying to use the twinki defense because he has Type 2 diabetes....
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Re: Red State vs. Blue State comparision???
I don't Janklow left the scene. Cause he was with an aide.. I think he ran a stop sign.
I don't Janklow left the scene. Cause he was with an aide.. I think he ran a stop sign.
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