Vehicle law in legal limbo

[Ace]

14 cases of causing death await ruling

A 4-year-old law designed to punish drivers whose minor traffic violations result in a death is at the center of a legal debate that has delayed more than a dozen criminal cases.


Statewide, 14 cases where defendants are charged with death by motor vehicle are on hold as attorneys ask the state Supreme Court to decide if the law is constitutional.

Defense attorneys throughout Delaware have long questioned the law. In June, Dover lawyer Gregory A. Morris convinced Kent County Superior Court Judge Robert B. Young that it was unconstitutional.


Morris said he was concerned because the law carries a possible maximum penalty of 30 months in jail.

Typically, he said, charges with that long a potential jail sentence require the defendant to have a "criminal mind-set."


But with this law, any driver in an accident in which a death occurs can face a long jail term even if the accident was the result of a minor traffic violation, he said.

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I think this law should only be used if the prosecution can prove gross negligence.

[frogman68]

Ace

If they are drunk or high then it should be murder in the first degree, that is gross neglience also if racing, even weaving in and out of traffic should be include people need to be more carefull when they drive

[witchofthedogs]

Legally, a charge of "murder" requires the actual formation of intent on the part of the accused. They'd have to actually plan on killing someone for a charge of murder to be levied against them.

I'm not justifying, in any way, what they've done, but the law is the law.

[witchofthedogs]

As a follow-up, the could, conceivably, be charged with malice in second degree murder:

Malice in second degree murder may be implied from a death due to the reckless lack of concern for the life others (such as firing a gun into a crowd, or bashing someone with any deadly weapon).

But under the laws as they stand now, it would take a leap of the imagination to charge someone with first-degree murder in a vehicular manslaughter case resulting from driving under the influence. It could probably be done, but I'd be interested to see the logic behind it.

[Bada Bing]

My opinion is why do we need more laws? You can't have a law that covers ever single circumstance in a particular situation. That's why each incident needs to either be proved or disproved based on facts of that particular incident. But often legislators want these "blanket" laws that give Judge's no leeway.

Concerning murder and intent, this is true, however the law already has degrees of murder, and even manslaughter to cover instances where specific intent was not present. They should just use the laws applicable to manslaughter and apply them to traffic accidents.

[witchofthedogs]

Concerning murder and intent, this is true, however the law already has degrees of murder, and even manslaughter to cover instances where specific intent was not present. They should just use the laws applicable to manslaughter and apply them to traffic accidents.

That was kind of what I was alluding to... I probably didn't phrase it well enough, though.

[M.Opaliski]

There is a ton of legalese involved, nothing in Delaware Code with regard to the loss of life is simple. There are 8 different statutes dealing with the loss of life, i.e., Murder (4), Manslaughter (1), Negligent Homicide (1) and Vehicular Homicide (2). Some statutes overlap, they refer you to other statutes, they refer you to definitions in other areas of Delaware Code which then reference another area.

It's just a tough issue to deal with no matter how you look at it or what the circumstances are.

[SVandever]

There is a ton of legalese involved, nothing in Delaware Code with regard to the loss of life is simple. There are 8 different statutes dealing with the loss of life, i.e., Murder (4), Manslaughter (1), Negligent Homicide (1) and Vehicular Homicide (2). Some statutes overlap, they refer you to other statutes, they refer you to definitions in other areas of Delaware Code which then reference another area.

It's just a tough issue to deal with no matter how you look at it or what the circumstances are.

Thank you for this ! I think it is Title 21 that deals with the vehicular stuff. I have scoured and studied that thing and it is so difficult to make sense of it.

I thought maybe I was a J.D. -----> Just Dumb.

Why do they make laws so hard to understand? I can't even see how in the current code that this law they refer to in the article exists !

[M.Opaliski]

Shirley, what you're looking for is in Title 11, all crimes are in there. Chapter 5 for Specific Offenses, then Crimes against the person, then scroll down to about section 630 or so ...

Or click here

[SVandever]

Shirley, what you're looking for is in Title 11, all crimes are in there. Chapter 5 for Specific Offenses, then Crimes against the person, the scroll down to about section 630 or so ...

Or click here

Thanks ! I was thinking more along the lines of the vehicular stuff in Title 21 (which is what I was researching), not realizing that would REFER to Title 11 in determining what the penalities are. I have to go through this stuff again, now that you've enlightened me.

Politics are grand? LOL. Not so sure !

Thanks again.