I wanted to call this “begging the question”, but it’s probably the wrong nomenclature; the pattern of argument is just extremely weird.
I can see the confusion. Essentially I was pointing out that the law is blind to things like “I’m a good drunk driver,” except in the case of this moral luck issue.
For instance, there is (thankfully) a principle in force that you cannot, with a dead body at your feet, say “I was just trying to kidnap him.” So one crime committed accidentally in the course of another crime gets punished almost as severely as if it was intentional. But drunk driving is only punished severely in the special case where somebody happens to die? Where is the rationale?
Edit: Almost as severely, but not just as severely.
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills accidentally or without specific intent to kill in the course of an applicable felony, what might have been manslaughter is escalated to murder.
That is, in countries that have it, if you were attempting to commit a violent felony (like kidnapping), which results in a death, it’s upgraded to murder, even if accidental.
I can see the confusion. Essentially I was pointing out that the law is blind to things like “I’m a good drunk driver,” except in the case of this moral luck issue.
For instance, there is (thankfully) a principle in force that you cannot, with a dead body at your feet, say “I was just trying to kidnap him.” So one crime committed accidentally in the course of another crime gets punished almost as severely as if it was intentional. But drunk driving is only punished severely in the special case where somebody happens to die? Where is the rationale?
Edit: Almost as severely, but not just as severely.
Hmm—is that right? What about http://en.wikipedia.org/wiki/Manslaughter …?
What about the felony murder rule?
That is, in countries that have it, if you were attempting to commit a violent felony (like kidnapping), which results in a death, it’s upgraded to murder, even if accidental.
Right you are. Edited.