Legal Question in Criminal Law in Kentucky
i was watchen the news and there talken bout banding cell phones in vehicles completely i have heard more bout cell phones than any thing. what bout all the drug and drug dealers going around dealing and useing drugs and what bout rapest and murders and child malesters and alcholics driveing around u never here much bout the bad stuff thats destroying society. all u hear is just minnor stuff cell phones mostly. and i got anothr question why do they give people life in preson why dont they just elminate them when caught in a crime thats gonna give them life i mean there gonna die eventulally arent they if they get life in preson.
1 Answer from Attorneys
These are probably questions better posed to your middle school civics teacher. But here goes:
First, inattentive drivers cause serious car accidents that kill innocent people. Rape, murder, child molestation, and driving under the influence are already crimes. It's the job of the legislature to craft laws to protect public safety. Complete ban of cell phones is unlikely to pass, however; likely, the solution is to require hands-free devices when driving.
Second, this is America, not some sort of police state. We have a constitution, with rights and all that. When you are accused of a crime, you are innocent until found guilty by a jury of your peers with a standard of beyond a reasonable doubt. First, the person might not actually be guilty (there are many innocent people sitting in jail right now. Google "The Innocence Project." I also recommend the book "Picking Cotton."). Second, the police can be just as corrupt as an Illinois politician. Third, what the crime actually is, is a matter of law. For instance, you may kill someone, but what crime that is, if any, is determined by the circumstances. You may have intended to kill that person. That's murder one. You may have accidentally killed them, because you were being careless, but you didn't mean to kill them. That's involuntary manslaughter. You may have killed them in self-defense, and it isn't a crime at all. There are different sentencing guidelines depending on the crime, and depending on the defendant's criminal history. Next, just because a person is found guilty, does not mean they should not have remedies for appeal or a new trial. Judges make errors, attorneys make errors, that affect the outcome of a trial. Finally, not all crimes that provide for life in prison are capital crimes. Life behind bars is not death, it's life. Death is death. We're all going to die out here too; it's the end result.
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