I fail to understand this argument. In my mind the crime here is the rape and assault. If you state that it was because the person was under the influence I would agree the sentence should be increased if you are under the influence.
As it is, making it illegal to be under the influence is too much big brother for my taste.
Indeed. But if you've read my other posts, you know that this guy had quite a rap sheet - and every offense was committed when he was high. While it is likely he had the tendency toward violence within him, the drugs were what lowered his inhibitions so that he would act on that tendency.
As it is, making it illegal to be under the influence is too much big brother for my taste.
Not for me.