This article or section deals primarily with the United States and does not represent a worldwide view of the subject. Please improve this article or discuss the issue on the talk page.

In most states in the United States, vehicular homicide is a crime. In general, it involves death that results from the negligent operation of a vehicle, or that results from driving whilst committing an unlawful act that does not amount to a felony. In general, it is a lesser charge than manslaughter. In the Model Penal Code there is no separate category of vehicular homicide, and vehicular homicides that involve negligence are included in the overall category of negligent homicide.^[1][2] It can be compared to the offence of dangerous driving causing death in other countries. Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal... The Model Penal Code (MPC) is a statutory text which was developed by the American Law Institute (ALI) in 1962. ... Negligent homicide is a charge brought against persons, who by inaction, allow others under their care to die. ...

All states except Alaska, Montana, Arizona and Oregon have vehicular homicide statutes. The laws have the effect of making a vehicle a potentially deadly weapon, to allow for easier conviction and more severe penalties. In states with such statutes, defendants can still be charged with manslaughter or murder in some situations.^[3] The Statute of Grand Duchy of Lithuania A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ...

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.^[4]

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 College and Harvard University 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.^[4] Dartmouth College is a private, coeducational university located in Hanover, New Hampshire, in the United States. ... Harvard University (incorporated as The President and Fellows of Harvard College) is a private university in Cambridge, Massachusetts, USA and a member of the Ivy League. ...

Some states, such as Minnesota, have statutes allowing for a charge of vehicular homicide if an unborn child is killed or injured by a motorist.^[5]

Vehicular homicide by state

Georgia

In the state of Georgia, vehicular homicide is more properly known as homicide by vehicle. It is defined, by statute, as the unlawful killing of another person using a vehicle. It does not require mens rea, an intent to kill, nor does it require malice aforethought or premeditation.^[6] The mens rea is the Latin term for guilty mind used in the criminal law. ... Malice Aforethought is a 1931 murder mystery novel written by Anthony Berkeley Cox, using the name Francis Iles. ... Premeditation, in law, is when you think about and plan out a crime before you commit it. ...

There are two degrees of vehicular homicide:

First degree homicide by vehicle

This is a felony, that upon conviction will result in a sentence of between 3 and 15 years of imprisonnment (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 recklessly; 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".^[6]

Second degree homicide by vehicle

This is a misdemeanor, 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.^[6]

For the record label, see Felony Records The term felony is a term used in common law systems for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ... In the criminal law, recklessness (sometimes also termed willful blindness which may have a different meaning in the United States) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the... A misdemeanor, or misdemeanour, in many common law legal systems, is a lesser criminal act. ...

Louisiana

In the state of Louisiana, 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. Official language(s) de jure: none de facto: English & French Capital Baton Rouge Largest city New Orleans [1] Area  Ranked 31st  - Total 51,885 sq mi (134,382 km²)  - Width 130 miles (210 km)  - Length 379 miles (610 km)  - % water 16  - Latitude 29°N to 33°N  - Longitude 89°W...

Minnesota

In the state of Minnesota, 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, in violation of the driving whilst intoxicated law, or where the driver flees the scene in violation of the felony fleeing law.^[5] Capital Saint Paul Largest city Minneapolis Area  Ranked 12th  - Total 87,014 sq mi (225,365 km²)  - Width 250 miles (400 km)  - Length 400 miles (645 km)  - % water 8. ... This article does not cite any references or sources. ...

Washington State

RCW 46.61.520 Vehicular homicide — Penalty.

(1) 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.

(2) 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 offense as defined in RCW 46.61.5055.

Wisconsin

In the state of Wisconsin, corporations 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.^[7] Official language(s) None Capital Madison Largest city Milwaukee Area  Ranked 23rd  - Total 65,498 sq mi (169,790 km²)  - Width 260 miles (420 km)  - Length 310 miles (500 km)  - % water 17  - Latitude 42°30N to 47°3N  - Longitude 86°49W to 92°54W Population  Ranked... “Corporate” redirects here. ...

In other countries

In the United Kingdom, there is no offence of "vehicular homicide". The offences are "causing death by dangerous driving" and "reckless driving", under the Road Traffic Act 1988. Legal reformists have pressed for the adoption of a categorization more akin to that of the United States. Clarkson, 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.".^[8][9] In English criminal law, the offence of causing death by dangerous driving is currently defined by the Road Traffic Act 1991 but, following Adomako [1995] 1 AC 171, the offence of motor manslaughter may now be the preferred charge. ...

References

1. ^ John M. Scheb II and John Malcolm Scheb (2001). An Introduction to the American Legal System. Thomson Delmar Learning, 120. ISBN 0766827593. 
2. ^ Michael Hooper, M. A. Dupont-Morales, and Judy H. Schmidt (2001). Handbook of Criminal Justice Administration. Marcel Dekker, 177. ISBN 0824704185. 
3. ^ Vehicular Homicide and the Impaired Driver. Department of Transportation. Retrieved on 2004-01-04.
4. ^ ^{a b} (April 2000) "The Determinants of Punishment: Deterrence, Incapacitation and Vengeance". NBER Working Paper 7676. 
5. ^ ^{a b} James Cleary and Joseph Cox. A Brief Overview of Minnesota’s DWI Laws: Minnesota Statutes Chapter 169A and Related Laws (PDF). Minnesota Impaired Driving Facts Report. Minnesota Department of Public Safety.
6. ^ ^{a b c} Allen M. Trapp, Jr., P.C. (2004). Vehicular Homicide Laws.
7. ^ James W. H. MacCord and Sandra L. MacCord (2001). "3. Components of a crime VII. Vicarious and corporate liability", Criminal Law & Procedure for the Paralegal: A Systems Approach. Thomson Delmar Learning, 68–70;. ISBN 0766819655. 
8. ^ c.52 §1. Road Traffic Act 1988. Office of Public Sector Information (1988).
9. ^ C.M.V. Clarkson (2000). "Context and culpability in involuntary manslaughter: Principle or instinct?", in Andrew Ashworth and Barry Mitchell: Rethinking English Homicide Law. Oxford University Press, 148–150,164. ISBN 019829915X. 

Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... is the 4th day of the year in the Gregorian calendar. ... The Office of Public Sector Information (OPSI) is the new body incorporating Her Majestys Stationery Office (usually abbreviated as HMSO). ...

External links

• Washington State Vehicular Homicide Law