But that doesn't mean he should be exposed to any of the horrors we've come to associate with US prisons. Rape? Regular beatings? Relentless racism? How is this cruel and unusual punishment not a violation of constitutional rights?
But that doesn't mean he should be exposed to any of the horrors we've come to associate with US prisons. Rape? Regular beatings? Relentless racism? How is this cruel and unusual punishment not a violation of constitutional rights?
Are you kidding me? "Chris sustained a broken hip, broken collarbone and internal injuries, but the teenager was dead. Chris denied he’d been drinking, and a Breathalyzer confirmed it. He also said he hadn’t been speeding, which was borne out by eyewitnesses as well as a police test on the tire marks."
How would you like such a jail experience, even without the horrors, for a mere accident? Especially one when some idiot jumped at you.
You speak more "as a cyclist who has to constantly contend with aggressive motorists" than someone clearheaded who evaluated the case.
And you know cyclists can do stupid things too like cut people off, turn unexpectedly etc, and cause accidents. In fact there are tons of "aggressive cyclists" who think traffic laws don't apply to them because they don't drive a car -- and kids who just want a thrill.
There's no way to avoid all risk, and there's no way to precisely define when someone is taking "too much" risk. But consequences similarly don't need to be an all or nothing afair. Jail is too much - but community service may not be (say, with traffic victims?). Or a fine. Or a temporary suspension of the drivers license.
Let those best placed to prevent tragedies like this bear at least some of the consequences, even if it isn't always fair. But even if you agree with that sentiment, it's hard to imagine that years of jail time a felony conviction are proportionate to the responsibility this guy carries.
You're not making any sense. How exactly would you have responsibility when you don't have guilt? A suicidal individual jumps in front of the train. Was it the train driver's responsibility to drive with 5Km/h so he could brake in time?
It matters to what degree you're capable of preventing the accident. The whole point of my post was to emphasize that there are shades of gray, and that it's a mistake to harshly condemn those just over some artificial line while letting those nearly as responsible get off without any consequences.
Of course, as shades of gray go, it sounds like this one is about as guilt-free as one can get: there was almost nothing the driver could have done to prevent the accident; no amount of thinking ahead could have let him slow down enough because trains (unlike motorcycles) take forever to slow down. And you didn't specify the details, those matter - people walking out from behind a stopped bus is unfortunately rather common and predictable. But there are others that do bear some responsibility, for example those building level crossings that lack barriers.
Also note that the aim is explicitly not to be fair, it's to set incentives straight. If you're in a situation that forces you to pay for risks you yourself can't avoid, you're going to get annoyed, and try to fix that situation. For example, by getting barriers at train crossings installed, or by pushing for the city to design safer bus stops, or by discouraging mixing motor vehicle and pedestrian traffic.
If you just shrug your shoulders say "c'est la vie", improvement isn't likely. In unreasonable soundbite style: "you don't like risk taking - reduce the risks, don't whine about how life isn't fair".
By the way, it's people projecting absolutist opinions just like you've done here that have led the the travesty that is the Rikers Island part of the justice system - where four hundred people have been imprisoned for two years or more without being charged.
Stop injecting your own biased talking points into other people's stories and show some empathy.
> I would assume blame if I hit one while riding or driving.
What a nice, safe assertion to make from the comfort of not actually facing a murder change based on that assumed blame.
I'm not a hypocrite. I've had plenty of close calls, and some of them were my fault. I was lucky, but left the scene with full knowledge I was to blame. However, that's a personal acknowledgement; I would still do whatever it takes to stay out of jail, because the US prison system is broken and I don't want to get raped, beaten or forced to join a gang.
Luckily the parent never did that. He just mentioned that's even worse to be held there if you're actually altogether innocent, which I think we all agree with.
>I've had plenty of close calls, and some of them were my fault. I was lucky, but left the scene with full knowledge I was to blame.
In the cases that it was "your one fault" yes. In the other cases why?
You can have severe injuries even from a simple drop at 20 mph. Actually you can break something even from a single fall in the street while walking (I've broken my hand once like that, put it forward to avoid hitting my head on the fall).
But what part of "He also said he hadn’t been speeding, which was borne out by eyewitnesses as well as a police test on the tire marks" seems hard to parse?
Even if "nobody can confirm conclusively" (which, according to the article they did just that), that still would be reasonable doubt.
>Yes, he does, but the person who wields the most lethal power also bears the most responsibility.
...
Did I miss something in the article that you found?
I'm also a cyclist and I want you off the road if you're so intellectually challenged that you assign guilt to people respecting traffic laws.
I used to 100% cycle as my form of transportation. 20 years ago. Doing 20+ miles a day, and didn't own a car. You know, before bike lanes generally existed and you had to use common sense.
The rise of the aggressive "hipster cyclists" like yourself turned the tables from biking being dangerous simply due to folks being unaware of you - to being actively dangerous akin to a warzone because drivers rightfully assume you are a a passive aggressive asshole who is likely attempting to inconvenience them on purpose.
I also have not seen nearly the number of "aggressive" drivers compared to aggressive asshole cyclists these days. Perhaps the problem is you if you continue to run across them.
I cannot tell you how much I despise what you, and people you identify with (critical mass types) have done to my chosen mode of transportation. You took it as a way to get from A to B and turned it into a divisive social cause. Because of this, I don't see bikes being considered on par with motorized transport in my lifetime. At least in the US. In my town, the political pushback on cyclists is only growing as this phenomenon increases.
Do yourself a favor and try seeing how the Netherlands/Belgium integrate road, rail, and bike traffic. You'll note the complete lack of people like you.
But all that just goes to show that he deserves his day in court, in a justice sense. Which he will apparently never get, unless he's willing to spend a few years in jail first.