Everyone has experienced this at one time or another: You are driving down a two lane road and someone goes to pass you when they shouldn’t. If you don’t slow down (and the oncoming car doesn’t slow down or go into your lane or off the road) there will be a potential head on collision. Of course we slow down so that the car can “pass us” and get over in time. However, what would happen if you “ignored” the plight of the car attempting the erroneous pass and let them meet their fate (and the hapless vehicle heading the other way). Would this be murder? You could have probably prevented the accident by slowing down such that the car trying to pass could have made it back into the proper lane. On the other hand avoiding felonies doesn’t normally mandate an affirmative action, when you are simply "minding your own business ". My wife terms this diatribe number 26 because it is something I have raised on numerous occasions over dinner, much to her chagrin.
I believe that it normally wouldn’t count as murder as it’s not premeditated.
Of course if you talking about it with your wife so often that she gives the rant a number, a prosecutor could argue that it was premeditated, even if the particular victim(s) were not.
And I wonder if Carnivore / Echelon Intenet-spying system has all your legal posts on file by now…
I might be missing something but why can’t the passing car hit their brakes so you’re in front of them and slide in behind you? It sounds like they placed themselves in mortal danger and are refusing to do anything to get themselves out of it.
I’ve had that happen to me, and ultimately it fell upon me to take some action, so I pulled over to the left shoulder, stopped, and the guy coming at me also stopped, while the guy who sped up so I couldn’t pass him kept driving. I think I scared the hell out of the guy in the opposite lane, and I can understand that because I was scared witless too. After I got back on the road I caught up to the guy who wouldn’t let me pass, and he was once again doing 20 below the speed limit, just as he had been when I tried to pass him.
Yes it was maddening, yes I was furious, but at least I didn’t die or kill somone else for something as stupid as pride.
No person is EVER legally required to take action to protect the life of another person, with a few clear exceptions that do not apply here: accepting responsibility (as with being a lifeguard, or volunteering to watch over someone), or placing the person in danger oneself (if you throw someone who can’t swim into a pool, you have to pull him out). If you speed up to prevent the passer from re-entering the lane, that’s an affirmative action, and it might be a crime, but it’s still HIS fault that he didn’t go behind you. If there’s no room behind you, then you MIGHT have some claim on manslaughter, maybe even murder if other elements can be proven.
Dan Norder, premeditation is not an element of murder.
Well, as always, the definition of “murder” can vary from one jurisdiction to the next, and many states also have specific statutes dealing with vehicular deaths. In Wisconsin, for example, one who “recklessly causes the death of another human being under circumstances which show utter disregard for human life” is guilty of first-degree reckless homicide. Whoever “recklessly causes the death of another human being” is guilty of second-degree reckless homicide. If one were to refuse to allow another motorist to pass in the face of an oncoming car, it could IMHO be reasonably argued that one is showing some disregard for human life especially, as someone noted, if this is a frequent topic of conversation. Whether a case could be made under one of these statutes or another that I haven’t located in my cursory search of the statutes is I suppose a question for a jury. IANAL etc.
The person who increased their speed would likely say (in court) that they were attempting to provide sufficient space behind them for the dearly departed to pull over.
Right?
Usually this situation occurs when another car “moves up” behind the car being passed, while the passing car has already initiated the passing process. To me if someone speeds UP then there is not even a question (unless they could argue as someone above pointed out that they were trying to let the guy in behind). My hypothetical scenario involved a situation where you did nothing, but possibly could do something to prevent a serious accident.
Also, I don’t really think that the guys at the NSA really care what someone writes on Straightdope (certain exceptions granted). However, if they did then I would consider being “indexed” on Echelon an honor. They would need to be careful however not to violate any copyright laws in making the copies! It seems some of you are so paranoid that you fear even considering fascinating hypothetical scenarios. I refuse to believe that our society is so “Orwellian” that this is a valid concern.