BobK

How is it that these sentences came to be handed out in the same state?

- After the Station nightclub fire, the two club owners were sentenced to four years and to a suspended sentence for their criminal negligence that killed 100 people and injured dozens of others. The road manager who lit the pyrotechnics in close proximity to flammable foam also got a four year sentence.

- A 29-year old mother “with a history of volunteer work — and no criminal record” who caused a drunk driving accident that killed one person was sentenced to ten years in prison.

Something’s wrong here; it does seem like the folks from the Station got off light. But we’re starting to overreact to alcohol abuse, too.

There’s a difference between crimes of negligence and crimes of intent, and I’ve long thought that punishment for negligence should be lighter than for crimes of intent. Crimes of negligence always involve some bad luck. In the Derderians’ case, they had the bad luck of hiring a band with a moron for a road manager. Otherwise, their use of cheap foam insulation would have done no harm. Drunk driving accidents also involve some bad luck. Many people drive when they’re just as drunk as this woman, but they don’t hit anything, or cause less damage when they do. I’d venture to guess that more than 50% of adult Americans have driven when legally drunk at least once, many of them fine upstanding citizens. Only the luck of the draw separates them from a ten year prison sentence. That’s not right.

Because of the “luck factor”, punishment isn’t a good a deterrent for crimes of negligence. It’s upsetting when the difference between an inmate and socially-involved young mother revolves so much around luck. Yes, I suppose it will make some people think twice before drinking and driving. But how many otherwise good citizens need to be imprisoned before we see it make a difference? Honestly, this sentence doesn’t make me feel one bit safer driving on a Saturday night. That’s as dangerous as ever. But it does frighten me that society blithely imprisons people who haven’t the slightest bit of malicious intent.

Isn’t there a better way for a free society to deal with accidents?