In the unit lesson, we discussed that if a person committed a crime and it was a mistake, the defense team may utilize the mistake defense. If an individual killed someone in the midst of a vehicle accident, do you think that the person who was responsible for causing the car accident should be held accountable or be excused from any prison time as the individual states that the accident was a mistake? Why, or why not?
ANSWER THE ABOVE DISCUSSION AND THEN REPLY TO MY CLASSMATE’S RESPONSE TO THE ABOVE QUESTIONS AND EXPLAIN WHY YOU AGREE? (A MINIMUM OF 125 WORDS EACH DISCUSSION)
If an individual killed someone in the midst of a vehicle accident through negligent or reckless driving behaviors, yes, I do believe they should be charged with vehicular manslaughter. Not every vehicular accident result in death, however, it will leave the at-fault driver with criminal liability, as the driver drove recklessly and/or ignored the traffic laws.
Yes, I believe the person who was responsible for causing the car accident should be held accountable, and/or should not be excused from any prison time unless the individual states that the accident was a mistake. A person operating a vehicle under the influence of alcohol tends to cause an accident that kills someone, in which one should be charged with voluntary vehicular manslaughter to the first degree, depending on the circumstances. It’s important to know that simple careless behavior, such as, going any given miles over the speed limit, this can be grounds for a vehicular manslaughter charge, although it could lead to a misdemeanor, if not properly prosecuted.