Re: Speeding and punishment
While licensed activities such as driving and surgery do not fall under the normal provisions of criminal negligence, such provisions and common law emanating therefrom can give us an indication where this is likely to go.
Most criminal negligence provisions hold "wanton and reckless" behaviour as the standard of proof on the Crown's part (or the People, in the US). So in reality, the issue is whether you were acting recklessly. If you're driving 10mph over the limit but safely, that's much less troublesome than driving 10 under and like a moron.
The only thing differentiating between the drug dealer and the driver is whatever the statute makes it out to be.
The first thing you have to understand is that Criminal Law is probably the worst mechanism on earth for enforcing morality. It is designed to protect people and institutions from each other, not morals. In other words, murder isn't a crime because it's wrong, it's a crime because we can't allow people to murder each other and expect a state to function properly.
|