a reply to: redmage
Im sorry but your story at best has some glaring missing information
at worst is utter BS,
Look it is understandable that IF what happened as you say it would not be his fault.
it is understandable (and expected) that IF the "friend" who pulled "the prank" was up front with the officer on the scene would arrest the driver and
let the states attorney sort it out.
that would need a few days if not a week (maybe a little more) of him being in jail (due to not being able to post bond) to sort it out.
but somehow IF HIS FRIEND CONFESSED that the states attorney would still push for a conviction AND the courts let it happen does not pass the smell
because IF the scenario you stated happened (to refresh his friend as a joke pulled the lever reclining the seat and causing the driver to push down
on the gas that lead to a womans death) and the friend fessed its unlikely the courts with all their flaws would pursue the case on the driver.
given the story as told I presume one of two more realistic story.
one... your driver friend is LYING or at best trying to find some excuse to negate what he did.
two... the "friend" who did this would not fess up (to which is is a scum bag of the highest order) and your driver friend had no evidence to back up
In this case it isnt the legal systems fault since (gasp) they have to operate ON FACTS/EVIDENCE .
his friend screwed him , not the system.
in either case there is one big issue that your story glosses over.
this idea that "intent" is somehow a get out of jail free card.
look if an act/ prank/ whatever description you use has a REASONABLE CHANCE of injury and/or death the "intent" is irrelevant. you choose to take a
chance where grave injury and/or death is a realistic outcome then you DELIBERATELY CHOOSE to deal with the consequences if it goes wrong
your story is a prime example of this.
your speeding down a road and his "friend" does something that grossly effects the control of a several ton metal missile .
that speeding metal missile has a very realistic possibility of KILLING SOMEONE. This time it did.
I bet (but its a pure assumption on my part but realistic one) that this "friend" is known for stupid jag baggery like this and your driver friend
choose to ignore it.
doesnt make him more blameworthy nor makes it his fault . but it does put him into a position where he could be left holding the bag (if situation two
is true) .
in any case your friend was convicted of a FATALITY and the punishment for this is JAIL
the crime itself (if your trying to use his case in justification of the law) KILLED SOMEONE.
that situation requires he be held unless he can post bail.
the idea that he is not a bad person and would come back for trial IF TRUE does not justify the 100 or more with same charges THAT WILL NOT COME BACK
and more than half most likely will commit more crimes.