A strong but older example of this is driving crimes. For a while killing someone while driving was just prosecuted as manslaughter (accidental killing), cuz that’s what it is. But juries weren’t convicting very often.
Someone realised that people didn’t like the idea that you could commit manslaughter, a very serious crime, just be driving your car and making a mistake. And so a new crime was created called reckless driving or something similar. It had a similar jail time but different terminology. And it got juries convicting more.
Clearly people have for a long time preferred to not think about just how absurdly violent or dangerous the act of driving is, to the point that killing with a car just didn’t count as a normal killing crime.
this will vary from jurisdiction to jurisdiction of course.
Ah is that why there seemed to be this thing called Vehicular Manslaughter in American TV shows? I don’t know if we have that here in Australia but I always wondered why such a thing existed since surely it was just… manslaughter whether a vehicle was involved or not.
yep! I’m not sure how much it’s common knowledge, but I heard it from a lawyer/legal-academic in a non-public forum, so I trust it. It wouldn’t be too hard to dig into the history of it though.
A strong but older example of this is driving crimes. For a while killing someone while driving was just prosecuted as manslaughter (accidental killing), cuz that’s what it is. But juries weren’t convicting very often.
Someone realised that people didn’t like the idea that you could commit manslaughter, a very serious crime, just be driving your car and making a mistake. And so a new crime was created called reckless driving or something similar. It had a similar jail time but different terminology. And it got juries convicting more.
Clearly people have for a long time preferred to not think about just how absurdly violent or dangerous the act of driving is, to the point that killing with a car just didn’t count as a normal killing crime.
this will vary from jurisdiction to jurisdiction of course.
Ah is that why there seemed to be this thing called Vehicular Manslaughter in American TV shows? I don’t know if we have that here in Australia but I always wondered why such a thing existed since surely it was just… manslaughter whether a vehicle was involved or not.
yep! I’m not sure how much it’s common knowledge, but I heard it from a lawyer/legal-academic in a non-public forum, so I trust it. It wouldn’t be too hard to dig into the history of it though.