Evening star., 1947-07-25
Turies and Traffic Deaths
They Seldom Convict, Even for Negligent Homicide
Reasons for Leniency Differ With Points of View
Bv William A AfHen
Bv Williau A. MiHen

Washington officials administering the IL
year-old Negligent Homicide Act give vari-
ETY. OF reasons why more automobile drivers
are not convicted under this law, dealing
with traffic deaths.
One official thinks a campaign of education
should be undertaken; another believes the
caliber of jurors should be improved while
others say there is nothing wrong with the
law and it is purely question Of fact for the
jury.
The Negligent Homicide Act was passed
June II, 1885. It was designed to create O.
traffic charge between reckless driving and
the more serious crime of manslaughter.
Juries had been loath to convict drivers for
manslaughter in trafic cases. So the less severe
Negligent Homicide Act was decided upon.
This law provides: ANY person who by the
operation of any vehicle at an immoderate
rate OF speed or in careless, reckless or negli-
gent manner, but not wilfully or wantonly, shall
cause the death Of another shall be guilty Of a
misdemeanor and shall be punished by imprs-
onment for not more than one year or by fine
of not more than $1,000 or BOTH"
Fewer Convictions Than Acquittals.
Municipal Court Judge Ellen K. Raedy says
Of the application of this act: 1T Is purely
question of fact for the jury, just as it is in
murder case. There seem to be fewer convic-
tions than acquittals under 1t. The only thing
the judge can do is to give proper legal instruc-
tions to the jury"
Judge Almond w. Scott of that tribunal
thinks the jurors are to blame. He said: ut
is up to the juries. Something ought to be
done about the American jury system The
Jury Commission here has the say about jurors.
They ought to be sifted. A better selection
should be made to get better type Of juror.
1--WE want to get the business and professional
man who is ordinarily too busy to serve on q
jury. That is the type we want We don't
want the man or woman who is coming down
merely to get the 81 a day paid for jury service.
I sit on the bench with disgust and see juries
acquit defendants in driving while drunk and
negligent homicide cases."
Judge Nathan R. Margold, who has been
sitting recently in the jury branch of Municipal
Court, considering, among others, negligent
homicide cases, takes this view:
There is nothing wrong with the negligent
homicide law. Sometimes. the jury does not go
according to the evidence. The statute Is COM
plicated as it stands but the judge can make
the jurors understand it clearly by explaining
the law properly. The law was framed to dis
tinguish it from manslaughter.
II haven't had any cases where I differed
with the jury. Every case stands on its own
bottom. To convict a driver. he must be at
fault one way or another. Just because q
person is killed and 1t is not the fault of the
driver, he should not be punished for q crime.
1t Is the view Of the jury on the facts and not
any trouble with the present law that results
in acquittals. have sat on quite few negli-
gent homicide cases and gotten number of
convictions. This type of case should be tried
as quickly as 1t can be presented for trial"
Jurors Suspicious Of "Homicide."
George E. Keneipp, Director of Vehicles and
Traffic, believes the word homicide in the law
scares juries. "Manslaughter' also frightenS
them, he thinks He declared: "We are power
less to take away q, permit where there are
acquittals in driving while drunk and negligent
homicide cases."
Assistant United States Attorney John B.
Diamond III, in charge of the District At
torney's office at Municipal Court, says: my
theory is the entire population is not sufficiently
traffic conscious. As result, the juries can
not appreciate the seriousness Of trafnc acci-
dents, where defendants are charged with run
ming over and killing somebody.
Negligent homicide and involuntary man
slaughter are the most serious Of all the traffic
violations, because they involve DEATH How
ever, the courts, prosecutors and police are
complaining they cannot get verdicts against
these drivers, as general rule. We are start
ing at the top instead of the bottom. There
should be campaign of education. The popu-
lation of Washington should be educated on
the traffic regulations such as is done in De-
troit, precinct by precinct. After SUFFICIENT
educational program, the courts should make
violators realize the seriousness of their crimes.
such crimes as exceeding the speed limit,