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Dui and Religion

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Submitted By erinobrien
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Driving under the influence and religion
Erin O’Brien
Criminal Law
Prof. Toni Starcher

Drunk driver, Brent Birch struck pedestrian, Leah Russell with his car causing severe life-threatening injuries; he was on probation from a prior DUI case at the time. Ms. Russell lived long enough to refuse blood transfusions at the hospital citing a religious conflict; she was a Jehovah’s Witness. Ultimately, she succumbed to her injuries at the hospital a short time later.
Jehovah’s Witnesses see blood transfusions as one of many barriers that could keep them out of heaven when they pass away. Because of this fact, many Jehovah’s Witnesses carry a card in their wallet that states this fact and that they fully understand their decision could have irreprehensible consequences to their potential quality of life. They do this so medical professionals do not deem their decision to be one made under extreme duress and under the influence of extreme pain (C. Miyoshi, personal communication, December 13, 2013).
This case was a driving under the influence case that was complicated by the fact that Ms. Russell’s religious beliefs kept her from medical treatment that could have possibly saved her life. During the trial of Mr. Birch, prosecution witnesses testified that the blood transfusions might have saved her, but that they couldn’t be sure, though. If convicted of his charge of second-degree murder, according to the California Penal Code section 190, Mr. Birch would face 15 years to life in prison plus a fine of up to $10,000 since this wasn’t his first driving under the influence charge. Based on the evidence I was given, I would be inclined to find Mr. Birch guilty of second-degree murder under the Watson Murder Rule, which in summary states that a person convicted of a previous DUI knows the dangerous implications of their actions based on that prior conviction and ignoring those dangers and repeating the behaviors shows implied malice, allowing the prosecution to charge Mr. Birch of second-degree murder (Wallin & Klarich, 2013).
This rule is based on the case of Mr. Robert Lee Watson, who was found guilty of second-degree murder based on the argument that his prior conviction of driving under the influence showed that he knew the dangerous implications of his actions and ignoring that proved the element of implied malice (People v. Watson, 1981). All California DUI courts will now charge a two-time defendant with second-degree murder in a driving under the influence homicide incident because first time offenders are required, upon conviction of a DUI to sign a document that states that they are aware of the dangers of drunk driving. This way the courts can keep that on file and use it in court against the suspect in the second-degree murder trial to prove implied malice and ensure that the charge leads to a conviction (Wallin & Klarich, 2013).
My reasoning behind my decision to find Mr. Birch guilty of second-degree murder is this, even though Ms. Russell refused blood transfusions Mr. Birch caused the injuries that put her in the position to have to make the difficult choice to adhere to her religious beliefs, even if it meant her life. Ms. Russell would still be alive but for the injuries caused by Mr. Birch during the accident. The first amendment ensures that Ms. Russell is protected and free to practice her religion however she wants to, and if the government can’t interfere with that decision, no doctor can overrule that choice either (U. S. Constitution). I don’t think that manslaughter is a sufficient charge because of the element of a previous drunk driving conviction. Even though everyone knows that drinking and driving is illegal, to be arrested and convicted of that charge only eliminates any miniscule amount of ignorance a suspect could claim when arrested.

REFERENCES
People v. Watson, 30 Cal. 3d 290 (1981)
U. S. Constitution, Amendment 1
Wallin & Klarich. (2013). Watson Murder Overview – DUI Murder Lawyers in California Penal Code 187. Retrieved from http://www.wklaw.com/california-watson-murder-overview/

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