11-16-2013, 02:07 AM
Whether behind the wheel of a car or riding a bike, intent matters, not only the result. We punish behavior based on intent because we seek to discourage the intent, the root of the behavior.
There's NO such thing as being able to discourage an accident. And the moment you talk about preventing accidents you're talking about discouraging behavior that leads to them ... but the connection between behavior and result is broken when intent is absent and what lies between is an accident.
You could say, I think, the cabbie had intent towards the bike messenger but not the tourist. But it's an unfortunate red herring and yes, a lot to swallow when emotions are involved.
There's NO such thing as being able to discourage an accident. And the moment you talk about preventing accidents you're talking about discouraging behavior that leads to them ... but the connection between behavior and result is broken when intent is absent and what lies between is an accident.
You could say, I think, the cabbie had intent towards the bike messenger but not the tourist. But it's an unfortunate red herring and yes, a lot to swallow when emotions are involved.