Buddhist Catholic Contemplative Evangelical General Christian Hindu Jewish Latter-day Saint Muslim New Visions Progressive Christian

Beliefs

Topics

Columnists

Resource Library

Research Tools

Video

Podcasts

Thought Readers

Faith In Media Tracker

Newsletters

Ad-Free & Subscriber Log-In Subscription Support

Follow Patheos

Christian Piatt

Home
Progressive Christian
Vehicular Manslaughter=$100 traffic ticket: Follow-up story

Vehicular Manslaughter=$100 traffic ticket: Follow-up story

Last updated on: July 19, 2010 at 5:53 pm by Christian Piatt

Vehicular Manslaughter=$100 traffic ticket: Follow-up story 2010-07-19T17:53:50+00:00 Christian Piatt

LOGO Patheos Explore the world's faith through different perspectives on religion and spirituality! Patheos has the views of the prevalent religions and spiritualities of the world.

NewSpin
By Christian Piatt
(Originally published in PULP)

A couple of months ago I wrote about an investigation I’d done on a case in which Betty Joyce Kuykendall ran a stop sign, collided with a car, and crash that led to the death of the male driver in the other car.

Because of the timing of various steps of the investigation, the only charge brought against Kuykendall was a stop-sign violation, for which she promptly paid a $100 fine. (See the NewSpin column in the May 20 P.U.L/P., online at www.pueblopulp.com, for more about the case).

One reason the case for vehicular manslaughter or any other criminal charges could not be brought against Kuykendall was because St. Mary-Corwin hospital reported that all injuries related to the accident were not serious, even though they ultimately led to William Dorough’s death.

So I wrote to District Attorney Bill Thiebaut, asking whether or not the hospital could be held legally responsible for the death in any way. The following includes excerpts from his response:

“The case is closed,” writes Thiebaut. “The hospital or its medical staff will not be charged. However, a civil action may be filed against the hospital or its medical staff, or other persons or entities.”

“It has been said: There is no crime, there is no punishment, without law (Nullen crimen, nulla poena, sine lege).

“Every crime involves a wrongful act (actus reus) specifically prohibited by the criminal law. In most cases, the law requires that the wrongful act be accompanied by criminal intent (mens rea).

“The actus reus may take the form of an omission or failure to perform an act obliged by law, but the act or duty to act must be specifically required by law; it must have been possible for the person to have performed, and, in some cases, the person must have been aware of his duty to act.

“The mens rea or culpable state of mind accompanying the actus reus can include criminal negligence …. This state of mind is generally sufficient only where there is a conscious disregard of a substantial risk of which a reasonable man would have been aware.

“Finally, there must be a causal relationship between the act and the harm or loss suffered. The act must be both actually and legally the cause of the harm. Actual causation can use the ‘but-for’ test. In other words, would the harm have occurred whether or not the accused had acted? The legal causation is determined by a number of tests. For example, the cause must have played a substantial factor in bringing about the results.”

Within these legal limits, the hospital has not been found to be legally liable for the death. Did they screw up? It seems so, but not with any intent to do harm as outlined above. Did the accident, caused by Kuykendall, lead to Dorough’s death? Most everyone involved seems to be in agreement that it did. However, because of double jeopardy, and since Kuykendall paid the fine for the initial ticket for running the stop sign before charges could be adjusted, she can’t be charged for anything else related to the incident.

So what recourse, if any, does Dorough’s family have?

“A civil wrong…is dealt with under different standards” explains Thiebaut, “and seeks to make whole the injured or aggrieved party through appropriate remedies, including money damages.”

In short, the family can sue everyone from the hospital to Kuykendall herself, provided they have the motivation and resources to do so. And of course, even if they win a civil case (or cases), appeals can drag on for years, costing tens of thousands of dollars in court costs and lawyer fees.

Ultimately, nothing will bring William Dorough back. He’s gone, and no doubt, Ms. Kuykendall grieves the accidental death along with Dorough’s family. Justice, whether it takes the form of civil damages or jail time, are cold comfort for those who have lost someone they love.

Little, if any, legal recourse can bring families the peace and resolution that they seek in such cases. However, when left with nothing other than personal civil suits to seek restitution or some sense of justice, it’s a symptom of a legal system that has failed its people.

Previous Post

July 17, 2010

It's Not About You

Next Post

July 29, 2010 Publisher's Weekly review of SPLIT TICKET

Browse Our Archives

Select a Category atonement belief bible Bill O'Reilly Buddhism CCM children christian piatt christianity Contemporary Christian Music current events derek flood Easter education Everyday Sunday faith faith and culture Frank Schaeffer great commission Haaz Sleiman Hobby Lobby Homebrewed Culture humor ISIS Jesus John Paul Lederach Killing Jesus LGBTQ marc driscoll Mission Year Music My Jesus Project Nat Geo parenting politics popular culture postChristian prison reform Ray rice religion republicans sacrifice sexuality theology Uncategorized video violence wild goose festival World Vision young adults

Select a Month December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 September 2014 August 2014 July 2014 June 2014 May 2014 April 2014 March 2014 February 2014 January 2014 December 2013 November 2013 October 2013 September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013 February 2013 January 2013 December 2012 November 2012 October 2012 September 2012 August 2012 July 2012 June 2012 May 2012 April 2012 March 2012 February 2012 January 2012 December 2011 November 2011 October 2011 September 2011 August 2011 July 2011 June 2011 May 2011 April 2011 March 2011 February 2011 January 2011 December 2010 November 2010 October 2010 September 2010 August 2010 July 2010 June 2010 May 2010 April 2010 March 2010 February 2010 January 2010 December 2009 November 2009 October 2009 September 2009 August 2009 July 2009 June 2009 May 2009 April 2009 March 2009 February 2009 January 2009 December 2008 November 2008 October 2008 September 2008 August 2008 July 2008 June 2008 May 2008 April 2008 March 2008 February 2008 January 2008 December 2007 November 2007 October 2007 September 2007 August 2007 July 2007 June 2007 May 2007 April 2007 March 2007 February 2007 January 2007 December 2006 November 2006 October 2006 September 2006 August 2006

TAKE THE

Religious Wisdom Quiz

What is the small, portable cross worn as a sign of faith and blessing called?

Select your answer to see how you score.

Tabernacle Mitre Chalice Crucifix