I agree that murder is where you intend to kill someone, but sometimes you are so reckless that death was a likely outcome. Hit someone in a fight and it's probably manslaughter, but stab them with a weapon carried for that purpose should be murder....sometimes people who stab get away with murder because they claim it wasn't intent. To me the degree of recklessness should be considered. Driving when bladdered is a high degree of recklessness. And as for the argument that they made a bad decision because they had been drinking..... You can't use the crime as the excuse.