The Dane County DA's office has actually aggressively pursued these kinds of cases. Aggressive is an understatement; they have unethically pursued them in order to "win" convictions as a recent Dee Hall series in the State Journal documents. Nonetheless, they have often not obtained convictions after the cases were tried to juries. I think it comes down to the question of whether the person was driving like a total maniac and killed somebody or whether the person simply screwed-up and killed somebody. Driving like a total maniac is criminal negligence. Screwing-up isn't. And, as much as don't want to be endangered out there, I don't think it helps us any to as bikies/peds or as a society to seek any harsher punitive results for others' screw-ups than the law and good sense otherwise dictate.
Here's the relevant jury instruction: > > > 1170 HOMICIDE BY NEGLIGENT OPERATION OF A VEHICLE — § 940.10 > > > > Statutory Definition of the Crime > > Homicide by negligent operation of a vehicle, as defined in § 940.10of > > the Criminal Code of Wisconsin, is committed by one who causes the death > > of another human being by the negligent operation or handling of a vehicle. > > State's Burden of Proof > > Before you may find the defendant guilty of this offense, the State > > must prove by evidence which satisfies you beyond a reasonable doubt that > > the following three elements were present. > > Elements of the Crime That the State Must Prove > > 1. The defendant operated a vehicle. > > 2. The defendant operated a vehicle in a manner constituting > > criminal negligence. > > 3. The defendant's criminal negligence caused the death of (name > > of victim) . > > "Cause" means that the defendant's act was a substantial > > factor in producing the death. > > The Meaning of "Criminal Negligence" > > "Criminal negligence" means: > > • the defendant's operation of a vehicle created a risk of > > death or great bodily harm; and > > • the risk of death or great bodily harm was unreasonable > > and substantial; and > > • the defendant should have been aware that (his) (her) > > operation of a vehicle created the unreasonable and substantial risk of > > death or great bodily harm. > > IF REFERENCE TO ORDINARY NEGLIGENCE IS BELIEVED TO BE > > HELPFUL OR NECESSARY SEE WIS JI-CRIMINAL 925. > > IF EVIDENCE OF VIOLATION OF A SAFETY STATUTE HAS BEEN RECEIVED, > > ADD THE FOLLOWING: > > [Evidence has been received that the defendant violated > > section _______ of the Wisconsin Statutes, which provides that (summarize > > the statute) . Violating this statute does not necessarily constitute > > criminal negligence. You may consider this along with all the other > > evidence in determining whether the defendant's conduct constituted criminal > > negligence.] > > Jury's Decision > > If you are satisfied beyond a reasonable doubt that all three > > elements of this offense have been proved, you should find the defendant > > guilty. > > If you are not so satisfied, you must find the defendant not guilty. > > > > Copyright 2002, Regents, Univ. of Wis. > > > On 10/26/07, [EMAIL PROTECTED] <[EMAIL PROTECTED]> wrote: > > The statement that the degree of injury is a function of the degree of > negligent is unsupported. > > That the driver stopped shortly after striking the victim and then backed > over her a second time was not in the police report doesn't mean it > didn't happen. I heard about it from a staff person at nearby Thoreau > school. > > Mike Neuman > > "If you can see the light at the end of the tunnel, you are looking the > wrong way." > - Barry Commoner > > > ---------- Preceding message ----------- > ---- "[EMAIL PROTECTED]" <[EMAIL PROTECTED]> wrote: > > These kinds of collisions happen all the time, but very few people go > to jail for it. The only difference here is the degree of injury. > > > > I heard that the driver in this case panicked and put the vehicle in > reverse after first hitting the women, only to backed over her a second > time. Tragic, to be sure, but not criminal. > > But the "degree of injury" is a function of the driver's speed, and, as > you describe it (which was NOT in the police report, BTW) his action. > IOW, the degree of injuy is a function of the degree of negligence. > > --------------- > Paul T. O'Leary > Chronic Nuisance > Madison, WI USA > _______________________________________________ > Bikies mailing list > [email protected] > http://www.danenet.org/mailman/listinfo/bikies > -- Robert F. Nagel [EMAIL PROTECTED] www.nagel-law.com 634 W. Main St., #201 Madison, WI 53703 608-255-1501 608-255-1504 fax
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