Sentencing in (CO) Mzl Fatality

Ucsdryder

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Hypothetically, I can shoot someone while hunting that I don't like or glasses me with their scope and only get 90 days in jail Hmmmm.

The justice system in this country makes no logical sense. You can get more time for defending your family from a home invasion or stopping a car jacking.
I mean not really. If you can trick the court then possibly, but there are a lot of guys sitting in jail that have come up with similar “great” ideas to off their wives and make it look like an accident.
 

Cfriend

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I have thought before about what the goals should be for punishing a crime. I would think one is deterrence (preventing people from doing the crime out of fear of punishment) and another is correction (making the person that does the crime not want to do it again). And then there is the idea of justice: a wrong deed should be paid for and deserves an appropriate punishment.

In this case I'm not sure jail time is a deterrence for future hunting accidents. And I don't think it will be an effective correction either. The guy made an unacceptable, inexcusable and terrible mistake. He will (and should) suffer for it greatly, but I don't think jail time is really going to impact whether the does it again.

As for justice: not sure the best way in which that should be delivered. Obviously, nothing will ever bring the victim back or fix the loss for his family. I don't know that the shooter sitting in jail will relieve their pain in any way. Of course money doesn't either but it can at least help with the financial burden the loss created.

I guess there is no perfect way for us to apply justice in this world. Our society tends to do it through jail time, and I'm not saying it's wrong it just seems like in some cases it's not the best way.

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Ucsdryder

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Jan 24, 2015
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I have thought before about what the goals should be for punishing a crime. I would think one is deterrence (preventing people from doing the crime out of fear of punishment) and another is correction (making the person that does the crime not want to do it again). And then there is the idea of justice: a wrong deed should be paid for and deserves an appropriate punishment.

In this case I'm not sure jail time is a deterrence for future hunting accidents. And I don't think it will be an effective correction either. The guy made an unacceptable, inexcusable and terrible mistake. He will (and should) suffer for it greatly, but I don't think jail time is really going to impact whether the does it again.

As for justice: not sure the best way in which that should be delivered. Obviously, nothing will ever bring the victim back or fix the loss for his family. I don't know that the shooter sitting in jail will relieve their pain in any way. Of course money doesn't either but it can at least help with the financial burden the loss created.

I guess there is no perfect way for us to apply justice in this world. Our society tends to do it through jail time, and I'm not saying it's wrong it just seems like in some cases it's not the best way.

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I like the idea of giving back. Not sure what that looks like, maybe it’s as simple as telling his story 20 times a year for the next 10 years at hunter safety classes in his state. 20 hours of community service per year for the next 10 years. Imagine being a 10 year old boy or girl and listening to this guy tell about how he negligently killed another person by not following the rules of gun safety. I bet that would stick with those kids for a lifetime. The more I think about it, the more I like this idea! He’s not teaching a class, he’s just a guest speaker telling his story.
 

87TT

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Like it or not, it is usually best for a defendant to "admit nothing, deny everything and demand proof", at least until all appeals are exhausted.

The article states "The maximum jail time for the criminally negligent homicide is three years in jail."

The Wildlife Violators Compact is good in concept but each state has different rules for how it is applied. In NY, he would remain eligible to buy a fishing or trapping license, and could be suspended/revoked from buying a hunting license for a maximum of 10 years.
Who the Hell cares about the defendant???????
 
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Agree - nothing is gained, or learned necessarily, by sitting in jail over this.



Don't believe that it's prudent to make someone pay for the rest of their life a monetary value to the family of the victim. Our society has devolved into thinking that money fixes everything. A better "punishment" would be to make a lifetime volunteer teaching a section in hunters safety courses.



And then what? For many, jail "punishment" means absolutely nothing to them as they are repeat offenders. The threat of jail time as mentioned is a deterrent for a reason to not do something. Plain and simple.
Longer sentences
 
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Nonsense. Jail time is often a deterrent. I’m not going to rob this bank because I don’t want to go to the jail for 10 years. I’m not going to embezzle money because if I get caught I’m going to jail for 10 years.

In this case it’s not a deterrent for the next guy. I’m not going to accidentally shoot this guy thinking he’s an elk. It’s just a punishment. It won’t bring back the dead hunter, so what’s the point of paying all this money to lock this guy up?
I won’t rob a bank because i’m not a thief.
 
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I don't know what is taught in hunter ed these days but I know shooting other people in the woods was covered 40 years ago lol. and I really don't see the lesson there with him being a spokesperson. I mean, what's the story? hey boys and girls, don't be like me and shoot people because if you do nothing will happen and you have to tell others about it?
maybe I'm a bad guy but I believe the punishment should fit the crime. eye for an eye. that actually teaches a lesson for all who see it . the system we have today of "you're found guilty now go home and reflect on it" is clearly not working and our kids are seeing that, not a good lesson.
 
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but if you do, your punishment with be having to spend all that money and talking about it.
I agree with you. I just see a lot of soft on crime ninny’s on this thread tbh.

Ridiculous argument to say jail is supposed to be a deterrent instead of plain old fashioned punishment then go further to say seeing as it’s not deterring criminals let’s just not put them in jail at all then. We will just put them on probation and ask them to repent. Cannot believe how many people think this way but i guess Biden got elected so maybe i shouldn’t be so surprised.

I say throw em in jail. If they don’t get the point throw em in jail even longer. Heck, you kill someone you should be in jail decades.
 

sneaky

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This is pittance compared to what he'll pay out in wrongful death money. He'll absolutely get clobbered in civil court, as he should. It should cost money to be stupid.

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I agree with you. I just see a lot of soft on crime ninny’s on this thread tbh.

Ridiculous argument to say jail is supposed to be a deterrent instead of plain old fashioned punishment then go further to say seeing as it’s not deterring criminals let’s just not put them in jail at all then. We will just put them on probation and ask them to repent. Cannot believe how many people think this way but i guess Biden got elected so maybe i shouldn’t be so surprised.

I say throw em in jail. If they don’t get the point throw em in jail even longer. Heck, you kill someone you should be in jail decades.

You sure? Maybe they should just "hang 'em and hang 'em high!"

Ever get a speeding ticket? Was that enough to keep you from speeding again?

Don't lie. Be honest.
 
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You sure? Maybe they should just "hang 'em and hang 'em high!"

Ever get a speeding ticket? Was that enough to keep you from speeding again?

Don't lie. Be honest.
I don’t believe i said execute him so not sure what you’re trying to say? He absolutely deserves a long jail sentence though no doubt. A man is dead because of his actions.

If he intentionally murdered him than yea, hang ‘em immediately. As we should for anyone who thinks it’s ok to intentionally take a life.

Do you actually have a problem with that?
 
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I'll tell you what, if you got caught speeding and they took your foot I guarantee no one here would speed again. or the classifieds would be filled with people trying to sell one hunting boot lol.
my whole point is that whatever the punishment, it has to mean something so that others think twice. telling someone they're grounded for 2 months isn't really a threat. and as a father there's no way I would be ok with that sentence if I lost my son that way.
alot of us here have had issues with other hunters coming into our spots and shooting past us, sometimes even when they know we're there. this is why it happens, noone cares because nothing will happen to them. somewhere along the line " ooops, my bad" became a valid legal excuse.
 

eddielasvegas

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Does anyone know the distance of the shot by the killer?

It does not matter, of course, but I am curious how far the killer was from the victim.

And to answer @cnelk's question: If there is any justice in the world, the victim's family will sue the pants off the killer, and win, but that is hardly a certain outcome like a criminal sentence.


Eddie
 
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