Vehicular homicide (also known as
vehicular manslaughter) in most states in the United States, is a crime. In general, it involves death that results from the
negligentIn the criminal law, criminal negligence is one of the three general classes of mens rea element required to constitute a conventional as opposed to strict liability offense. It is defined as:-Discussion:...
operation of a vehicle, or more so a result from driving whilst committing an unlawful act that does not amount to a felony. In general, it is a lesser charge than
manslaughterManslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder.The law generally differentiates between levels of criminal culpability based on the mens rea, or state of mind...
. In the
Model Penal CodeThe Model Penal Code is a statutory text which was developed by the American Law Institute in 1962. The Chief Reporter on the project was Herbert Wechsler. The current form of the MPC was last updated in 1981. The purpose of the MPC was to stimulate and assist legislatures in making an effort to...
there is no separate category of vehicular homicide, and vehicular homicides that involve negligence are included in the overall category of
negligent homicideNegligent homicide is a criminal charge brought against people who, through criminal negligence, allow others to die.Negligent Homicide is a lesser included offense to first and second degree murder, in the sense that someone guilty of this offense can expect a more lenient sentence, often with...
.
Vehicular homicide (also known as
vehicular manslaughter) in most states in the United States, is a crime. In general, it involves death that results from the
negligentIn the criminal law, criminal negligence is one of the three general classes of mens rea element required to constitute a conventional as opposed to strict liability offense. It is defined as:-Discussion:...
operation of a vehicle, or more so a result from driving whilst committing an unlawful act that does not amount to a felony. In general, it is a lesser charge than
manslaughterManslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder.The law generally differentiates between levels of criminal culpability based on the mens rea, or state of mind...
. In the
Model Penal CodeThe Model Penal Code is a statutory text which was developed by the American Law Institute in 1962. The Chief Reporter on the project was Herbert Wechsler. The current form of the MPC was last updated in 1981. The purpose of the MPC was to stimulate and assist legislatures in making an effort to...
there is no separate category of vehicular homicide, and vehicular homicides that involve negligence are included in the overall category of
negligent homicideNegligent homicide is a criminal charge brought against people who, through criminal negligence, allow others to die.Negligent Homicide is a lesser included offense to first and second degree murder, in the sense that someone guilty of this offense can expect a more lenient sentence, often with...
. It can be compared to the offence of dangerous driving causing death in other countries.
All states except
AlaskaAlaska is the largest state of the United States of America by area; it is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
,
MontanaMontana is a state in the Western United States. The western third of the state contains numerous mountain ranges; other 'island' ranges are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
, and
ArizonaThe State of Arizona is a state located in the southwestern region of the United States. The capital and largest city is Phoenix. The second largest city is Tucson, followed in size by the four Phoenix metropolitan area cities of Mesa, Glendale, Chandler, and Scottsdale.Arizona was the 48th and...
have vehicular homicide
statuteA statute is a formal written enactment of a legislative authority that governs a country, state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law and the regulations issued by...
s. The laws have the effect of making a vehicle a potentially deadly weapon, to allow for easier conviction and more severe penalties. In states without such statutes,
defendantA defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute....
s can still be charged with manslaughter or murder in some situations.
The victim may be either a person not in the car with the offender, such as a pedestrian or another motorist, or a passenger in the vehicle with the offender.
There are proposals in other countries to adopt the single nomenclature of "vehicular homicide" as it is used in the United States.
Sentencing
A study by professors at
Dartmouth CollegeDartmouth College is a private, coeducational university located in Hanover, New Hampshire, USA. Incorporated as "Trustees of Dartmouth College," it is a member of the Ivy League and one of the nine Colonial Colleges founded before the American Revolution...
and
Harvard UniversityHarvard University is a private university located in Cambridge, Massachusetts and a member of the Ivy League. Founded in 1636 by the colonial Massachusetts legislature, Harvard is the oldest institution of higher learning in the United States and currently comprises ten separate academic units...
found that those convicted of vehicular homicide are given, on average, shorter sentences than those found guilty of other types of homicide. The study found that the gender of the offender does not statistically affect the length of the sentence, but the race does. The identity of the victim is a more important predictor of sentencing length, with longer sentences given to offenders in cases where the victim was female and/or had no violent criminal record.
Some states, such as
MinnesotaMinnesota is a state in the Midwestern region of the United States. The twelfth largest state by area in the U.S., it is the twenty-first most populous, with 5.2 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the...
, have statutes allowing for a charge of an vehicular homicide if an unborn child is killed or injured by a motorist.
Georgia
In the state of
GeorgiaGeorgia is a state in the United States. One of the original Thirteen Colonies that revolted against British rule in the American Revolution, it had been the last of the Thirteen Colonies to be established, in 1733. Georgia was the fourth state to ratify the United States Constitution, on January...
, vehicular homicide is more properly known as
homicide by vehicle. It is defined, by statute, that unlawful killing of another person using a vehicle. It does not require
mens reaIn criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means that "the act does not make a person...
, an intent to kill, nor does it require
malice aforethoughtSpecifically in the criminal law, malice aforethought is the element of mens rea which must accompany the actus reus of death, in order to secure a conviction for murder under the common law...
or premeditation.
There are two degrees of vehicular homicide:
First degree homicide by vehicle:This is a
felonyA felony is a serious crime in the United States and previously other common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
, that upon conviction will result in a sentence of between 3 and 15 years of imprisonment (or between 5 and 20 years for habitual violators), with no parole for at least 1 year. A homicide is first degree homicide by vehicle if the driver "unlawfully met or overtook a school bus; unlawfully failed to stop after a collision; was driving
recklesslyIn the criminal law, recklessness is one of the four possible classes of mental state constituting mens rea . To commit an offence of ordinary as opposed to strict liability, the prosecution must be able to prove both a mens rea and an actus reus, i.e., a person cannot be guilty for thoughts alone...
; was driving while under the influence of alcohol or drugs; failed to stop for, or otherwise was attempting to flee from a law enforcement officer; or had previously been declared a habitual violator".
Second degree homicide by vehicle: This is a
misdemeanorA misdemeanor, or misdemeanour in many common law legal systems, is a "lesser" criminal act. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions...
, that upon conviction will result in a sentence of up to 1 year (which may be suspended) or a fine of up to US$1,000 (or both). Second degree homicide by vehicle encompasses all other homicides by vehicle, involving any other violation of the laws governing motor vehicles, that are not classed as first degree homicides.
Louisiana
In the state of
LouisianaThe State of Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state divided into parishes, which are local governments equivalent to counties...
, vehicular homicide is defined as the killing of a human being while operating a motor vehicle, or other means of conveyance, under the influence of alcohol and/or controlled substances. The minimum punishment is a fine of at least $2,000 (not more than $15,000), and 2-30 years in prison.
Minnesota
In the state of
MinnesotaMinnesota is a state in the Midwestern region of the United States. The twelfth largest state by area in the U.S., it is the twenty-first most populous, with 5.2 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the...
, vehicular homicide is one of the six levels of
criminal vehicular operation, and is defined as causing the death of a person, that does not constitute murder or manslaughter, as a result of operating a motor vehicle in a grossly negligent manner, or in a negligent manner while in violation of the
driving whilst intoxicatedDriving under the influence of alcohol or other drugs, is the act of operating a vehicle after consuming alcohol or other drugs...
law, or where the driver flees the scene in violation of the felony fleeing law. Vehicular homicide in Minnesota requires, at a minimum, a mens rea of gross negligence.
Oregon
In the state of
OregonOregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
, there is one statute that has "vehicular homicide" in the title. That is "Aggravated vehicular homicide," ORS 163.149. It is important to remember that just because a crime does not have the word "vehicle" or "vehicular" in its title does not mean that bad drivers are not prosecuted for killing people. Many people can and are prosecuted for vehicular homicides under the already existing Manslaughter and Criminally Negligent Homicide statutes. Additionally, there is a special statute that elevates the crime seriousness of Manslaughter I and Criminally Negligent Homicide when it is caused by a drunk driver. ORS 163.147.
When victims survive, prosecutors frequently charge defendants with serious assaults by means of a dangerous weapon (to wit: a vehicle). Oregon has a special law commonly referred to as "Measure 11" which subjects first time offenders to harsh mandatory minimum sentences. ORS 137.700. Manslaughter I carries a mandatory ten year sentence, even for a first time conviction. Manslaughter II carries 75 months, approximately 6 1/4 years. Therefore, drivers charged with causing someone's death recklessly (Man II) or recklessly, under circumstances manifesting an extreme indifference to the value of human life (Man I), are facing very serious charges with very serious prison time.
Current law requires the State to prove at least criminal or gross negligence to get a conviction. Criminally negligent homicide requires the State to prove criminal negligence. Manslaughter II requires the State to prove recklessness. Manslaughter I requires the State to prove recklessness, under circumstances manifesting an extreme indifference to the value of human life. This means it is up to the jury to decide, when a driver kills someone, whether the driver was just ordinarily negligent, making a simple driving mistake that anyone might make (and therefore not guilty of a crime but perhaps liable for civil damages), or whether the driver was grossly negligent or worse (and therefore guilty of a crime).
Civil lawyers and people devastated by the loss of loved ones are pushing for new legislation. Lonny Friberg, 62, of
Scappoose, OregonScappoose is a city in Columbia County, Oregon, United States. It was named for a nearby stream, which drains the southern part of the county...
, was killed by a careless driver on March 18 2008. His daughters are fighting for a new law called "A Law For Lonny" that would change the existing law in Oregon. The intention is to provide a method of prosecution in situations where the driver at fault was not intoxicated, (as Oregon's current negligent homicide law would cover this circumstance). More specifically, it would define a vehicle as a potentially deadly weapon, something Oregon law does not currently recognize.
WashingtonWashington is a state in the Pacific Northwest region of the United States. Washington was carved out of the western part of Washington Territory which had been ceded by Britain in 1846 by the Oregon Treaty as settlement of the Oregon Boundary Dispute. It was admitted to the Union as the...
State
- RCW 46.61.520 Vehicular homicide — Penalty.
- When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle:
-
-
- a While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502; or
- b In a reckless manner; or
- c With disregard for the safety of others.
- Vehicular homicide is a class A felony punishable under chapter 9A.20 RCW, except that, for a conviction under subsection (1)(a) of this section, an additional two years shall be added to the sentence for each prior offence as defined in RCW 46.61.5055.
Wisconsin
In the state of
WisconsinWisconsin is one of the fifty U.S. states. Located in the north-central United States, Wisconsin is considered part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the...
,
corporationA corporation is a legal entity separate from the shareholders and employees. In British tradition it is the term designating a body corporate, where it can be either a corporation sole or a corporation aggregate...
s may be convicted of the negligent operation of a vehicle. Under Wisconsin law, a corporation can be held liable for the actions of its employees even when the employee is expressly instructed not to perform those actions by the employer.
In other countries
In the
United KingdomThe United Kingdom of Great Britain and Northern Ireland is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of Ireland, and many small islands...
, there is no offence of "vehicular homicide". The offences are "causing
death by dangerous drivingIn English criminal law, the offence of causing death by dangerous driving is currently defined by the Road Traffic Act 1991 but, following Adomako 1 AC 171, the offence of motor manslaughter may now be the preferred charge.-Definitions:...
" and "causing death by careless driving whilst unfit through alcohol/over prescribed limit", under the Road Traffic Act 1988. This act removed the offence of "reckless driving" as the concept of recklessness in law requires a
mens reaIn criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means that "the act does not make a person...
that was often difficult to prove in court. Additional offences connected to fatal road collisions were enacted in the Road Safety Act 2006 but have yet to be brought into force. Legal reformists have pressed for the adoption of a categorization more akin to that of the United States.
Jeremy ClarksonJeremy Charles Robert Clarkson is an English broadcaster and journalist who specialises in motoring. He is best known for his role on the BBC TV show Top Gear along with co-presenters Richard Hammond and James May...
, an advocate of a vehicular homicide offence, opines that whilst people's perceptions are that death resulting from a motor vehicle is in a different "family" to other killings, "in terms of fault there can be little distinction between those who kill through the dangerous operation of their cars and those who kill with machines, trains, etc.".
External links