politburo wrote: ↑14 Nov 2021, 23:44
I agree it mustn't matter what lap it is or driver, but it should be consequence before intent as this is not a conventional legal body though, how would the FIA assess intent in the middle of a race?. We must accept that there might be bias in their decisions and that they scale their decisions based on the consequence of the incident more than anything else really. Like Vettel's underfuelling in Hungary, or Verstappen and Hamilton crashing in Monza, they rightfully assessed the matter based on the consequence, otherwise, it would be impossible to prove that AMRF1 intended to underfuel the car or that Verstappen intended to end his and Hamilton's race that way.
First there is a substantial difference between a racing ruling and a technical ruling.
Second, It cannot be based on consequence first, as consequence has an unlimited number of external factors thats can alter the outcome in a positive or negative way. Intent on the other hand only has one factor the person performing the action.
Hence why in many legal jurisdictions they have multiple types of "murder", and what differentiates them is intent, not outcome, the outcome is always the same, someone is dead.
In the US its like
https://en.wikipedia.org/wiki/Murder_(U ... w)#Degrees
- First-degree murder
- Second-degree murder
- Voluntary manslaughter
- Involuntary manslaughter