A conviction for the statutory offense of vehicular homicide or other involuntary manslaughter only requires a showing of negligence will not involve moral turpitude even if it appears the defendant in fact acted recklessly.
2007-11-24 02:48:00 · 8 answers · asked by Brunettebeauty 2 in Politics & Government ➔ Law & Ethics
Is it saying that vehicular homiside will not be under moral terpitude even if the driver acted reckless??
2007-11-24 02:53:42 · update #1
I mean turpitude.
2007-11-24 02:54:32 · update #2
It means that the moral character of the person will not be considered. Only the act itself, which must show Negligence, will be considered. It clearly states that Recklessness is not enough.
I suggest you get a Black's Law Dictionary and look up both Reckless and Negligent. They are two different things, and Negligence is the lower standard of care, or Culpable Mental State.
2007-11-24 03:54:17 · answer #1 · answered by cyanne2ak 7 · 0⤊ 0⤋
Depending on how the case is presented/tried there may be a seperation in presentation of charges and like what Mlaw stated "Crimes that involve "moral turpitude" may have legal penalties -- such as license disqualifications or deportation -- over and above the criminal penalties." If in fact there is a seperation vehicular homicide, involuntary manslaughter, moral terpitude, and or reckless driving. Each count may very depending on the findings/facts being presented. The criminal aspect to this may result time in corrections not including civil remedies (if sought).
2007-11-24 11:05:52 · answer #2 · answered by Devontrit Whiteside 2 · 1⤊ 1⤋
Turpitude comes from the Latin word for shame. Behaving disgracefully, deplorably, reprehensibly. What it means is, that they are not looking at your state of mind or the relation between the act and your conscience, but on the objective test of whether you acted recklessly.
2007-11-24 14:25:03 · answer #3 · answered by Doethineb 7 · 0⤊ 0⤋
Crimes that involve "moral turpitude" may have legal penalties -- such as license disqualifications or deportation -- over and above the criminal penalties.
2007-11-24 10:54:15 · answer #4 · answered by Anonymous · 2⤊ 0⤋
Recklessly is the main element in vehicular homicide. Can't have one without the other.
2007-11-24 11:01:31 · answer #5 · answered by LEO53 6 · 0⤊ 2⤋
it means although he was not guilty of doing anything wrong intentionally, his conduct caused the problem...
altohough his conduct was not immoral, and there is no intent to behave immorally, it was reckless and caused the death of another.
*edit* here is a different set of considerations as to punishment in these cases.
2007-11-24 10:59:40 · answer #6 · answered by redsoxfan11x 5 · 0⤊ 2⤋
It means what it says. Moral thingy will not be a consideration.
Are you asking why this is?
2007-11-24 10:52:06 · answer #7 · answered by Anonymous · 0⤊ 1⤋
If you knock someone down and kill them, that is the offence, the fact that you were driving like a **** is not in itself an offence. Would be my guess
2007-11-24 10:52:55 · answer #8 · answered by reggie 6 · 0⤊ 2⤋