Vehicular Homicide Investigations

Vehicular homicide according to John Malcom and John Scheb in introduction to American legal system can be defined as the criminal, deliberate or unintentional act of causing death of another person using a vehicle, or through the improper use of a vehicle.  In this, case death occurs as result of negligence of the vehicle by the driver or the driver driving under the influence of alcohol or any intoxicating substance. This is also known as dangerous driving. The victims of this offence vary depending on a given case. They may include either a passenger traveling with driver, a pedestrian crossing the road, a cyclist or another motorist (Scheb and Scheb, p 12). An example would involve a driver who overspeeds and drives under the influence of alcohol. He hits a pedestrian as she crosses the road at a zebra-crossing. The victim suffers severe head injures, multiple fractures on the limbs and ribs and dies as result of excessive bleeding. Out of panic, the driver takes off but curious onlookers manage to get the cars registration numbers.

According to Stein (para 2), the driver is liable for prosecution amounting to felony classified as first degree murder since he drove under the influence of an intoxicant, was driving recklessly and never stopped after the accident. This driver is liable for prosecution and can face a jail sentence of between three to fifteen years.

Investigations
Investigations of this criminal offence should start immediately. In Mastering scientific evidence seminar, James argues that among the investigating parties involved should include an accident investigation expert, a toxicologist (forensic scientist), accident reconstruction expert and the police force. Once the police have been called into the scene, the first attending officer also known as the crime scene officer takes charge of managing the scene. The area is barricaded and guarded so as to preserve and protect the available trace evidence. Collection of evidence should follow noting that this should be done quickly as some evidence can be affected by weather conditions e.g. skid marks which can be washed off by rain (Hooper, Dupont-Morales, and Schmidt, p 177).

A scene walk through should be conducted by the investigators so as to get first hand information. Proper identification, collection, handling, preservation and analysis should be upheld so as to maintain the quality of the collected trace materials. Examination of the collided vehicles should be carried out so as to ascertain the extent of damage.  Accident reconstruction expert should assess the damages and take photographs of the vehicles to be produced as exhibits in a court of law. The vehicles should be investigated to check whether there was some mechanical malfunction prior to the accident, by checking the mileage of the vehicle against the last date that vehicle was serviced. If the accident involved a truck with some cargo, the weight of the cargo should be noted.  Other materials to be collected and noted should include paint chips that may be at the scene and blood from the victims that may be fond on the scene of the accident and inside the wrecks of vehicles and skid marks. Skid marks are capable of showing the drivers perception and reaction to danger, and their absence indicates that the driver never perceived anything amiss until very late (Smith, p 22).

Another very important factor in evidence collection and presentation in a court of law is the witness to the accident. Here, there are two types of witnesses. One is the eye witnesses who either witnessed the accident, survivors or the first attendants who rushed to the scene after the accident- curious onlookers. Their testimony is vital as it tells of how things came into being. A strong smell of alcohol, slurred speech, unsteady feet and glassy eyes can indicate drunkardness. Breathalyzer test can also be used (Huston, pp 16). The other type of evidence is the expert witness given by the professionals involved. An accident reconstruction investigator can reconstruct the events leading to the accident to a certain degree, vehicles interior, measurements and street markings. A toxicologist can gauge the alcohol levels in the blood system or presence of any other intoxicant. An accident examination expert can identify the area of impact, the pre and post impact vehicle paths and area of final rest of the involved bodies or vehicles. There is also tire marks analysis, testing of the coefficient of friction on the roadway, testing of visibility and how far one can see and examination of traffic control devices (Devine, p 121).

Conclusion
Vehicular homicide is the unlawful killing of another person, both maliciously and accidentally i.e. without the intent to kill using or involving a vehicle. This is a felony committed if the driver was driving carelessly and recklessly, ran or drove away after the accident, or fled from a traffic officer, had been declared previously as a habitual violator, was driving under the influence of an intoxicant like alcohol, and dangerously and unlawfully overtook or met an oncoming school bus. Vehicular homicide is an offence punishable by law, by three to fifteen years imprisonment in the United States of America. Investigations of this type of offence are carried out by experts e.g. accident investigation experts who look into the dynamics surrounding the accident.

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