420chan now has a web-based IRC client available, right here
Leave these fields empty (spam trap):
Name
You can leave this blank to post anonymously, or you can create a Tripcode by using the float Name#Password
Comment
[*]Italic Text[/*]
[**]Bold Text[/**]
[~]Taimapedia Article[/~]
[%]Spoiler Text[/%]
>Highlight/Quote Text
[pre]Preformatted & Monospace text[/pre]
1. Numbered lists become ordered lists
* Bulleted lists become unordered lists
File

Sandwich


Community Updates

420chan now supports HTTPS! If you find any issues, you may report them in this thread
Double Jeopardy and Traffic accidents. by George Dandleworth - Fri, 04 Aug 2017 22:52:42 EST ID:jx+p2huj No.45890 Ignore Report Quick Reply
File: 1501901562295.jpg -(405854B / 396.34KB, 2100x1525) Thumbnail displayed, click image for full size. 405854
I just read an article that had me curious on how double jeopardy works in traffic accidents for deaths.

Lets say you get into a traffic accident and someone dies. If they issue you a citation, but don't charge you with manslaughter and you plead guilty to the citation, you can never be charged with the manslaughter if the manslaughter charge isn't issued before the resolution of the citation correct?

What happens if you get into an accident, get a citation and then a year down the line the person injured dies and the death is determined to have been caused by injuries originating in the accident? Can you then be charged with manslaughter or would it be a violation of double jeopardy?
>>
Charlotte Cliffingbadging - Fri, 04 Aug 2017 23:33:56 EST ID:Krei5ac1 No.45891 Ignore Report Quick Reply
That's a really good question. It would depend on what the original ticket was for and how the state codified their vehicular homicide laws.

But I can tell you this is a real life issue. Prosecutors understand potential DJ problems when they emerge. If there's an accident, prosecutors don't take pleas unless they know the other party is ok. If it's possible there is going to be a serious injury or death they won't resolve the case until they find out how it shakes out.
>>
Basil Greenman - Sat, 05 Aug 2017 02:45:14 EST ID:WV1oCIVL No.45892 Ignore Report Quick Reply
are you braindead? they would be two different crimes. the "traffic citation" and the manslaughter. two charges. only probably civil, and one criminal
>>
Esther Hurringdig - Thu, 17 Aug 2017 08:08:37 EST ID:/SnCyTv3 No.45897 Ignore Report Quick Reply
>>45892
I was going to let this go, but no I'm a prosecutor and I'm very aware of how this all works.

I'm only rehashing because I actually had another case yesterday where someone came in to pay a traffic ticket only to have to be told by me that the reason he can't is because he actually killed the other driver. We won't let him ple to a lesser charge because it will preclude the coming vehicular homicide charge.

With regards to your points about criminal and civil, both the causing the accident and causing an accident that resulted in death are criminal and civil.


Report Post
Reason
Note
Please be descriptive with report notes,
this helps staff resolve issues quicker.