That’s not how vehicular manslaughter trials work. It’s like any other murder prosecution. He’d need to prove it was an accident. And mowing down someone with a car in front of witnesses in broad daylight?
Yeah…
Guilty.
no he doesn’t need to prove it, in a criminal trial in most countries, the prosecution has the burden of proof; in the US “beyond a reasonable doubt”
According to legal advice:
To prove a car accident was not intentional in court, you would need to present evidence demonstrating that your actions at the time of the crash were not deliberate, including factors like: witness testimonies, police reports, vehicle damage analysis, your driving record, medical records, and expert testimony to explain the circumstances leading to the accident, highlighting any distractions, mechanical failures, or unexpected road conditions that could have contributed to the crash.
Either way, he didn’t accidentally shoot an unarmed man in the back… so this entire whatabout is irrelevant.
What context was this legal advice given in? This may be advice for a civil lawsuit too?
In any case it is of course true that it is good to be able to present evidence in one’s favor in criminal court, but that is to establish that there is reasonable doubt, not because the defendant has the burden of proof.
Dude that’s now how any trial works. You cannot prove an accident is an accident. It’s the prosecutors job to prove that it wasn’t.
Proving it was not intentional, and proving it was an accident, are two very different things.
No. It was approximately 6:44 AM
EDIT: Based on the ratio here, it’s easy to see that the people of FuckCars do not like the idea that 6:44 AM is not considered night time by factual standards.
Tell me what are the factual standards for nighttime and broad daylight, again?
The max penalty for 2nd degree vehicular manslaughter is only 7 years. In theory he could be prosecuted for 1st degree or even aggravated, but those require DUI or multiple fatalities.
Now look up what the maximum sentence would be for when someone purposefully murders someone with a car. Because Vehicular Homicide in the second degree- is where a death is caused “without an intention to do so” and where there is neither reckless driving, nor a DWI offense.
You’re manufacturing an argument while leaving out key facts.
Your boy WANTED the CEO dead. So, don’t use accidental death cases to compare it in bad faith
Vehicular homicide with intent carries the same penalties as with a gun.
Nope. In New York, the law for vehicular manslaugher/homicide only applies where DUI is involved. Perhaps you are thinking of regular homicide/manslaughter, but those require proving intent – which as previously stated is hard to do where an automobile is involved.
