Criminal Justice.

 

 

Criminal Law, University of Minnesota Libraries Publishing edition, 2015
As Jordan is driving to school, she takes her eyes off the road for a moment and rummages through her purse for her phone. This causes her to run a stop sign. Jordan is thereafter pulled over by law enforcement and issued a traffic ticket. Answer the following questions:

1. What is Jordan’s criminal intent in this case?

2. Is Jordan criminally responsible for running the stop sign?

3. Why or why not?

4. How would the outcome be different if Jordan would have caused an accident which killed someone?

Sample Solution

  1. Jordan’s criminal intent in this case is reckless driving. She took her eyes off the road and engaged in a distracting activity, which caused her to run a stop sign. This behavior was reckless because it created a substantial and unjustifiable risk of harm to others.
  2. Yes, Jordan is criminally responsible for running the stop sign. In most jurisdictions, reckless driving is a criminal offense. Jordan’s actions meet the elements of reckless driving, which typically include:
    • Operating a motor vehicle while consciously disregarding a substantial and unjustifiable risk of harm to others;
    • The risk must be of harm that is grave;
    • The disregard must be conscious and voluntary; and
    • The harm must actually occur. In this case, Jordan consciously disregarded the risk of harm to others by taking her eyes off the road and rummaging through her purse for her phone. The risk of harm was grave, as running a stop sign can lead to a collision. And the harm actually occurred, as Jordan was pulled over by law enforcement and issued a traffic ticket.
  3. Jordan is criminally responsible for running the stop sign even though she did not intend to cause harm. The law does not require that a person intend to cause harm in order to be held criminally responsible for their actions. Instead, the law focuses on whether the person’s actions were reckless and created a substantial and unjustifiable risk of harm.
  4. If Jordan had caused an accident which killed someone, the outcome would be different. In this case, Jordan would be charged with vehicular manslaughter, which is a more serious offense than reckless driving. Vehicular manslaughter is typically defined as the unlawful killing of another person by the operation of a motor vehicle while intoxicated or reckless. Jordan would likely face more severe penalties, such as imprisonment, if she were convicted of vehicular manslaughter.

Here are some additional factors that could affect the outcome of Jordan’s case:

  • Jordan’s driving history. If Jordan has a prior history of traffic violations, this could be used against her in court.
  • Jordan’s age and maturity level. If Jordan is a young driver, the court may be more lenient in its sentencing.
  • The severity of the accident. If the accident caused serious injuries or death, Jordan would likely face more severe penalties.
  • Jordan’s cooperation with law enforcement. If Jordan cooperates with law enforcement and admits her guilt, this could be used in her favor in court.

Ultimately, the outcome of Jordan’s case will depend on the specific facts and circumstances of the case. However, the factors listed above are some of the things that the court will consider when making its decision.

 

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