Manslaughter
by Vehicle or Vessel- Criminal Negligence
Support
this bill to close a significant loophole that currently exists in
Maryland law
Do
you know that:
-
Under
current law, drivers who, when sober,
flagrantly violate the rules of the road, deviate
from the standard of care
used by any reasonable person and cause
fatalities,
pay no more than$1000 in traffic court.
-
When
enacted, this law would establish a misdemeanor option for those who
cause fatalities by driving in a criminally negligent manner
Myths
& Facts
-
Maryland
has existing legislation that covers this offense – Myth
FACT:
This bill establishes a standard of negligence that falls between
gross negligence (for conviction of manslaughter by vehicle) and of
simple negligence
-
The
definition of criminal negligence is vague – Myth
FACT: Courts
have found that the Model Penal Code’s definition of negligence
is not unconstitutionally vague
-
This
bill does not establish a standard that is meaningfully different
from existing law – Myth
FACT:
Criminal Law Article §2-209 requires proof of gross negligence
for conviction. This is defined as “wanton or reckless
disregard for human life. This bill does not require that conduct be
“extraordinary or outrageous”.
-
This
bill will impose penalties on drivers when there is a fatality as a
result of simple negligence. – Myth
FACT:
This bill requires that both the risk created by the person’s
action and a deviation from the standard of care involved in the
failure to perceive the risk be substantial. Thus, it requires more
than simple negligence
Why
is this important for you as a legislator and citizen of Maryland?
-
This
will bring Maryland in line with the Model Penal Code approach used
in more than 20 states
-
Inherently,
this will make Maryland roads safer
-
It
will help reduce fatalities on Maryland’s roads
-
It
will hold people accountable for criminally negligent behaviors
From: Bike Maryland’s Myths and Facts Manslaughter by Vehicle or Vessel
Related: Greater Greater Washington’s – Prosecuting negligent driving is tough; time for new laws?
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