Massachusetts Homicide and Vehicular Homicide Laws

Sorry for the delay in posting...I tripped a couple of days ago and broke a couple of bones in my right hand (sigh) so typing is going a bit slow. The knuckles where my little finger and my ring finger attach to my hand are a bit "mashed". I guess my brother and I have the same Klutz gene...he broke fingers and knuckles on the same hand about 4 weeks ago.

I've received some more response to my letters and phone calls regarding strengthening the repeat offender DWI/DUI/OUI laws (they all have the same meaning according to Mass. law). In addition to hearing back from MA Rep. Jeffrey Perry and MA State Senator Mark Montigney I have also received a letter from Vice President Cheney and the MA State Attorney General. Today I have a message on my answering machine to return a call from Sen. John Kerry's office.

The following information is from the Norfolk County Massachusetts District Attorney's website

http://www.mass.gov/da/norfolk/homicide.html

A Brief Overview of Massachusetts Homicide Law
Massachusetts law defines a homicide as the willful (non-negligent) killing of one human being by another. There are two categories of criminal homicide under Massachusetts law-murder and manslaughter. There are also different classifications of murder and manslaughter. Which homicide crime has been committed (and the punishment that can or must be imposed) generally depends on the manner in which the crime was committed and the intent on the part of the perpetrator.

Classifications of Murder / Punishment
First Degree Murder / Life, without possibility of parole
Second Degree Murder / Life, parole elegibility after 15 years

Classifications of Manslaughter / Punishment
Voluntary Manslaughter / State prison up to 20 years; plus fines
Involuntary Manslaughter / State prison up to 20 years; plus fines
Vehicular Homicide / State prison up to 20 years; plus fines

A Brief Overview of Massachusetts Vehicular Homicide Law
(Melanie's Law increased the mandatory minimum, more info in next post-Sue)

Vehicular Homicide While Operating Under the Influence of Alcohol or Other Drugs and While Operating To Endanger = Mandatory minimum 2 ½ years and up to 15 years in state prison or mandatory minimum 1 year and up to 2 ½ years in jail; plus fines*

Vehicular Homicide While Operating Under the Influence of Alcohol or Other Drugs or While Operating To Endanger = Mandatory minimum 30 days and up to 2 1/2 years in jail; plus fines*
*Also loss of license

Massachusetts Vehicular Homicide Statistics (1998):
1998 alcohol-related statistics for Massachusetts


All traffic fatalities/Alcohol-related fatalities/% Alcohol-related
406 / 192 / 47.4*%
Statistics from National Highway Traffic Safety Administration (NHTSA)


National Vehicular Homicide Trends - According to the National Highway Transportation Safety Administration (NHTSA):
* More than 35% of all 16-to-20 year-old deaths result from motor vehicle crashes.
* 37% of these motor vehicle fatalaties were alcohol-related crashes.
* The troubling news: During a typical weekend, an average of one teenager dies each hour in a car crash. Car crashes are the #1 cause of death among teens.
* Promising news: Since 1989, less than half of youth motor vehicle fatalities have been alcohol-related.

Sue