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Court rejects appeal by parents in Trolley death
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"If we were now to deem Ms. Quinn a victim under the (Crime Victims Rights Act), the Antrobuses would gain several rights, including the right to restitution and to speak at Mr. Hunter's sentencing hearing," the court said. "The right to speak at sentencing could only be vindicated by reopening the sentencing proceeding. To our knowledge, there is no precedent � nor any compelling justification � for allowing a nonparty, post-judgment appeal that would reopen a defendant's sentence and affect the defendant's rights."
In other words, the justices correctly declined to make up new law out of thin air in order to satisfy on individual's desire for justice, no matter how much she might deserve it.
The justices deserve praise, not scorn.
The boy who sold the gun plead guilty (to the gun violation and drug charges) and served his sentence. While this doesn't address or compensate for the loss of a wonderful person like Venessa... it would be an injustice to try to punish Hunter for Talavic's crimes. We just don't do that type of vicarious punishment.
Hunter made a mistake which he was punished for. We can debate if that punishment was appropriate but we can't transfer what Talavic ultimatly did too another to pay the price for Talovic's decisions.
Think about it... If he didn't have the 38 special he got in this transaction... would he not have just used one of the other weapons he had with him at the time? And then would THAT person be punished for how Talavic used the weapon he got from them?
Are we saying if he had choosen to use the shotgun (as he did with several other victims)... Everything would have been fine? I don't think so, but the outcome would have been the same.
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