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Posted: 6/25/2015 9:39:35 PM EDT
[#1]
I take it you're comparing manslaughter to criminally negligent homicide. Manslaughter requires reckless behavior, which is a higher standard than negligent behavior. I believe it is a question of fact for the jury whether texting and driving rises to the level of recklessness... I used to be a prosecutor, before going over to the dark side.
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Posted: 6/25/2015 11:00:43 PM EDT
[#2]
Sorry i messed up, i meant versus vehicular homicide. Interesting, thanks for your input
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Posted: 6/26/2015 12:19:46 AM EDT
[#3]
Quote HistoryQuoted:
I take it you're comparing manslaughter to criminally negligent homicide. Manslaughter requires reckless behavior, which is a higher standard than negligent behavior. I believe it is a question of fact for the jury whether texting and driving rises to the level of recklessness... I used to be a prosecutor, before going over to the dark side. How about misdemeanor manslaughter? States already have distracted driving laws and 46 states have passed laws making texting while driving specifically illegal. Also, I haven't checked, but I bet most states have misdemeanor manslaughter too. For example in Oklahoma: Distracted Driving is a misdemeanor, and the killing of one human being by another is first-degree manslaughter when perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor. Therefore if you are eating, putting on makeup, fiddling with the radio, reading the newspaper, dressing yourself, texting, messing with your computer, dozing off, etc while driving and you cause someone else to die because you weren't paying attention... boom, felony and minimum 4 years prison time. Additionally, effective 11/1/15, texting while driving is specifically illegal in Oklahoma. Sources: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=436089 http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=68935 http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=68936 http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=68938 http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69292 http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69314 http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69318 http://www.ok.gov/ohso/documents/HB%201965.pdf |
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Posted: 7/2/2015 9:53:38 PM EDT
[#4]
In Alabama, there is no misdemeanor manslaughter. The equivalent of such would be the criminally negligent homicide statute.
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