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Australian Cyclist Kills Ped, Receives Slap on Wrist
Would a US cyclist have been charged more harshly?
http://www.theage.com.au/articles/20...816899914.html |
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#2
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Australian Cyclist Kills Ped, Receives Slap on Wrist
Rich Clark wrote:
Would a US cyclist have been charged more harshly? http://www.theage.com.au/articles/20...816899914.html Given that most states classify bicycles operated on a roadway as vehicles, I would expect t see a vehicular manslaughter charge. Hard to believe that the Australian authorities can't justify some kind of manslaughter charge. mark |
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Australian Cyclist Kills Ped, Receives Slap on Wrist
Rich Clark wrote:
Would a US cyclist have been charged more harshly? http://www.theage.com.au/articles/20...816899914.html You do it with a vehicle and you usually don't get much more than traffic tickets. http://www.ksdk.com/news/news_articl...storyid=102804 Family, Friends Say Sentence Of Driver Who Hit Cyclist Isn't Enough created: 8/30/2006 8:25:54 PM updated: 8/30/2006 11:20:38 PM By Ann Rubin (KSDK) - One year after a cyclist was struck and killed by a pickup, the driver of that truck faced his punishment. St. Louis County Prosecutor Bob McCullouch didn't file criminal charges, so the matter was handled in a Creve Coeur court. Robert Rush faced several ordinance violations. Those who knew cyclist Michael Katz say that wasn't enough. Outside the court, family, friends and fellow cyclists showed up in matching shirts reading "I am Michael Katz." The shirts are a way of saying that what happened to Katz could have happened to any one of them. "We think about Mike every time we get on our bikes. We think about the safety of the drivers that are coming up behind us," says friend Judy Meyer. It happened on July 25th of last year. Katz was on his bike near Olive and Lindbergh when he was struck and killed by a pickup truck. Rush never faced any felonies charges for what happened. He pleaded guilty on Wednesday to several ordinance violations, including failure to keep a proper lookout and driving on a suspended license. The St. Louis Regional Bicycle Federation plans to write a letter to McCullouch to ask him to reconsider criminal charges. "We think this makes a case for negligent homicide and we're disappointed with Bob McCulloch's office that they won't prosecute it," says chairman Russ Willis. The group was also disappointed with the sentence. Rush is getting what's called "shock probation." He'll serve five weekends in jail to see what it's like. If he violates the terms of his parole, he'll have to serve a full year. "I don't think the sentence was stiff enough. I think he should have been charged with more," says Meyer. For Katz's wife, this isn't about crime or punishment; it's about change. She hopes people will remember her husband the next time they see cyclists on the road. "We need to be sure people who are driving these two-ton vehicles, drive them carefully. (That includes) not using their cell phones (and) paying attention so you aren't interviewing another widow another time," says Susan Katz. A representative from the St. Louis County Prosecutor's office says usually, it is unlikely a case would be revisited after it was already processed through the system. KSDK |
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Australian Cyclist Kills Ped, Receives Slap on Wrist
"Mike A Schwab" wrote in message oups.com... Rich Clark wrote: Would a US cyclist have been charged more harshly? http://www.theage.com.au/articles/20...816899914.html You do it with a vehicle and you usually don't get much more than traffic tickets. http://www.ksdk.com/news/news_articl...storyid=102804 Right, but that's not the question (setting aside the fact that a bicycle is a vehicle). We all know that enforcement and punishment in the US are biased in favor of drivers, if only for the obvious reason that everyone who enforces, prosecutes, and sentences are themselves drivers. The question is whether US traffic laws allow harsher charges against a cyclist that Australian laws apparently do. RichC |
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Australian Cyclist Kills Ped, Receives Slap on Wrist
mark wrote:
Rich Clark wrote: Would a US cyclist have been charged more harshly? http://www.theage.com.au/articles/20...816899914.html Given that most states classify bicycles operated on a roadway as vehicles, I would expect t see a vehicular manslaughter charge. Hard to believe that the Australian authorities can't justify some kind of manslaughter charge. mark I don't know about "most" states but the controlling Illinois statute on reckless homicide (we don't call it vehicular manslaughter) specifies that the death has to be caused by the reckless operation of a *motor* vehicle. Had the incident occurred here the defendant would be charged similarly to the charges filed in Australia. Regards, Bob Hunt |
#6
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Australian Cyclist Kills Ped, Receives Slap on Wrist
Bob wrote: I don't know about "most" states but the controlling Illinois statute on reckless homicide (we don't call it vehicular manslaughter) specifies that the death has to be caused by the reckless operation of a *motor* vehicle. Had the incident occurred here the defendant would be charged similarly to the charges filed in Australia. Thanks for clearing that up. It's interesting that all these years on RBM we've been flailing away at the injustice of the light sentences levied against motorists who kill, yet all that time we cyclists were [irony] riding the perfect murder weapons without even realizing it. [/irony] Would putting on bmx armor before your ride constitute "malice aforethought?" RichC |
#7
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Australian Cyclist Kills Ped, Receives Slap on Wrist
Rich Clark wrote:
:: "Mike A Schwab" wrote in message :: oups.com... ::: Rich Clark wrote: :::: Would a US cyclist have been charged more harshly? :::: :::: http://www.theage.com.au/articles/20...816899914.html ::: ::: You do it with a vehicle and you usually don't get much more than ::: traffic tickets. ::: ::: http://www.ksdk.com/news/news_articl...storyid=102804 :: :: Right, but that's not the question (setting aside the fact that a :: bicycle is a vehicle). We all know that enforcement and punishment :: in the US are biased in favor of drivers, if only for the obvious :: reason that everyone who enforces, prosecutes, and sentences are :: themselves drivers. :: :: The question is whether US traffic laws allow harsher charges :: against a cyclist that Australian laws apparently do. This case seems rather strange to me. Mowing down a ped in a car is typically something that would not put a driver's life in danger (though it could under the right conditions) while doing so on a bike would likely put the cyclist very much in peril. Surely this was not a hit-and-run and surely the cyclist was very lucky if he didn't get severely hurt. Yes, running a red light is serious business, but it's just as dangerous for the cyclist as it is for the ped in this case (maybe even more so). The article mentions "Metal ploughed into flesh" but doesn't say anything about "flesh ploughing into road" which is what the cyclist would likely have encountered. Given that this is a no-win situation for both parties, I can't see how it can be considered anything more than an unfortunate accident as far as the death is concerned (I think the cyclist should be dealt with for running a red light). |
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