America’s historical laxity on DWI/DUI is infamous.
In some nations, as recently as 1978/9, anecdote suggests that DUI offenders in some nations may have been summarily executed… without trial.
But civilization, you know.
And due process.
There’s something to be said for them both.
And yet, due process is NOT laxity on law.
Consider some contemporary penalties for inebriated drivers in other nations:
- In Australia, the names of intoxicated drivers are sent to the local paper and are printed under the heading: “He’s drunk and in jail”.
- In England, drunk drivers face a one-year suspension of license, a $250 fine, and one year in jail.
- In France, there is a three-year loss of license, one year in jail, and a $1,000 fine.
- In Malaysia, the driver is jailed. If he is married, his wife is jailed, too.
- In Norway, the penalty is three weeks in jail at hard labor and one year loss of license. With a second offense within five years, the license is revoked for life.In Russia, the license is revoked for life.
- In South Africa, the penalty is a ten-year prison sentence and the equivalent of $10,000 fine, or both.
- In Turkey, drunks are taken ten miles from town by the police and forced to walk back under escort.
Nevertheless, that I’m aware, there’s little-to-no evidence to suggest that DUI is a capital offense – at least in America.
Or, is there?
There’s the late Rayshard Brooks of Atlanta, you know.
He was summarily executed – shot in the back – by Atlanta police officers for DUI.
Yeah.
And he wasn’t even driving.
That’s an “inconvenient truth” which some don’t want to talk about.
And then, I think about what John Adams (1735 – 1826) – American Diplomat, 2nd POTUS, father of John Quincy Adams, and “founding father” of the United States – said at a December 1770 mass murder trial in which he was the Attorney for the Defense.
“Facts are stubborn things;
and whatever may be our wishes, our inclinations,
or the dictates of our passion,
they cannot alter the state of facts and evidence.”
— John Adams, statement made in “Argument in Defense of the Soldiers in the Boston Massacre Trials,” December 1770
At the time, Adams was aged 35.
And the defendants whom were accused of murder?
They were British soldiers of the 29th Regiment under the command an Irishman, Captain Thomas Preston.
Along with 4 civilians, the soldiers accused of murder were William Wemms, James Hartigan, William McCauley, Hugh White, Matthew Kilroy, William Warren, John Carrol and Hugh Montgomery.
The deceased victims of the event colloquially known as the “Boston Massacre” were Samuel Gray, Samuel Maverick, James Coldwell and Crispus Attucks, all who died immediately. Patrick Carr, who was wounded, died 9 days later.
The circumstances of the situation were that, late on the night of Monday, March 5, 1770, a crowd had gathered in front of the Customs House and confronted 8 British soldiers and Captain Preston. The soldiers, armed with muskets fitted with bayonets, formed a semi-circle as the crowd dared them to shoot. The scene was tense, and an unknown man in the crowd threw a club which struck a soldier, whereupon a shot was fired, which was followed by about 6 seconds of silence, followed by a volley of several shots. Many were wounded, including some who died instantly.
Enraged that troops under his command had fired without his order, Captain Preston commanded them to cease fire. Upon restoration of order, the troops departed the scene unscathed, leaving the peaceful civilian protesters feeling powerless.
Shortly, additional reinforcement British troops arrived on scene, which again escalated tensions, which had been significantly reduced following Captain Preston’s orders. Violence again seemed impending, but when Thomas Hutchinson made a quick speech from the balcony of the Town House guaranteeing that Captain Preston and his troops would be tried in court, the peaceful protesters were assuaged, the situation was thereby de-escalated, and the crowd dispersed.
According to the magistrate’s order, Captain Preston and the eight soldiers were to be tried separately.
John Adams headed the defense team, and with Josiah Quincy, the younger brother of Read the rest of this entry »
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