Aizle wrote:
Arathain Kelvar wrote:
Diamondeye wrote:
In those situations, you will be treated equally on the traffic/criminal side. As for the civil side, civil law is far more dependent on lawyer skill and exact circumstances because of the different burden of proof.
However, there is no reason you should remain un-prosecuted. You violated the law, and a death resulted. The appropriate charge would be vehicular manslaughter in Ohio, which would be a misdemeanor of the first or second degree, not a felony, assuming you simply "**** up". Exactly which would depend on the exact ****.
There is no reason it would be unreasonable to prosecute a person for a misdemeanor for causing the death of another becuase of **** up while driving. People should perfectly well understand that driving **** can be fatal.
That's amazingly retarded. Prosecuting someone for an accident is beyond stupidity.
Because if we didn't do that, people who were willfully negligent (texting or watching a movie while driving) would just have to say, "I didn't see them" and they would be off scott free.
Or, you could handle it like any other case, and determine if there's evidence of gross negligence. By your logic, we should just prosecute anyone who kills someone automatically, because, well, they might just say "it was self defense."
Quote:
ALL accidents are preventable by someone. In some cases it's the driver, in some cases it's the victim. Prosecuting them is our way of finding out who was responsible for the accident and then punishing them.
Statistically speaking, that is incorrect. Accidents are not preventable. So there will be accidents. What are the reasons for prosecuting a crime? 1) punishment, 2) deterrence.
Now, you can "deter" gross negligence, but you cannot deter accidents. By definition, the offender did not intend to commit the offense, therefore it is already deterred. As for punishment, what is the point of punishing someone for a mistake? What value does it add to society? What do you get out of seeing me saddled with a criminal record, or worse, placed in prison? What is the purpose?