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DVD-Watching Driver Charged with Murder

Posted by michael on from the now-he'll-never-find-out-how-it-ends dept.

joke-boy writes "CNN reports that a driver in Alaska is being charged with second-degree murder for allegedly causing a fatality accident by driving while watching the movie 'Road Trip' in an in-dash DVD player. The driver contends he was just listening to music. Alaska has no laws prohibiting drivers from watching DVDs, although many other states do."

5 of 613 comments (clear)

  1. Re:Keeping Up With Technology by Hognoxious · · Score: 5, Informative
    Careless driving is still careless driving. When laws address general principles, ephemeral trends don't make any difference.
    Well said, Sir. The UK government passed a law against using a mobile phone while driving - totally unnecessary,there was already the offence of "driving without due care and attention". The Belgians passed a similar one and they can't even enforce traffic lights.

    If you drive, you concentrate on the road, and if you don't do that, you face the consequences when the inevitable happens.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  2. Re:Lawer Speak by KefabiMe · · Score: 3, Informative
    It seems to me that the driver falls into the manslaughter category, which includes vehicular manslaughter. If he were to be convicted of murder, it would mean that all drunk driving fatalaties could now be classified as murders as well.

    I am not a lawyer, but I do know this:

    Killing someone while driving drunk will get you charged with MURDER in some states, not vehicular manslaughter.

    It's not the Webster definition of murder, but I'm sure people who are facing murder charges care a *lot* more about what the courts think, rather than what Webster thinks...

  3. Mens rea by cenonce · · Score: 4, Informative

    The question will be what was his men rea, which is a fancy legal latin term for guilty state of mind.

    If you read the article, it sounds like this is a custom made installation the guy did himself. If that's the case, I think there is a better chance that the prosecution can provide the guy acted with wanton disregard for human life. That can justify a verdict of second degree murder. Otherwise, I still think the guy could go for manslaughter. Manslaughter is no laughing matter as it still results in a good bit of prison time.

  4. Re:Lawer Speak by dillon_rinker · · Score: 4, Informative

    You are missing the very subtle distinction between EXPRESS and IMPLIED malice. Expressing a desire to kill someone would be express malice. Exhibiting a reckless disregard for human life would be implied malice. See the discussion here.

    I think driving while watching a DVD could be a classic example of a reckless disregard for human life. The driver knew he was manuevering a ton of steel at high speed in a place where human beings were expected to be. I doubt that the DA had a choice in what charge to file, given both the letter and the spirit of the law.

  5. Re:Keeping Up With Technology by RodgerDodger · · Score: 4, Informative

    Murder imlpies intent; manslaughter implies negligenece. That's the difference.

    --
    "Software is too expensive to build cheaply"