Here's some chum in the water. Someone posted this on another message board I belong to.

http://www.insurancejournal.com/news/east/2010/11/16/114916.htm

I'm not suggesting this creep has a case here but it makes me ask:

Should a victim's behavior be considered in criminal cases? Here's an example. What if I don't notice the stop sign or that the light is red and hit another car. What if a passenger dies after they get thrown through the windshield. But what if it turns out that the victim wasn’t wearing their seatbelt and the front air bag was disabled? I’m certainly at fault and should face some consequence but what if the prosecutor decides to charge me with involuntary manslaughter? What if I’ve got experts who testify that it was more than likely that the victim would have survived and likely with only minor injuries if they had been properly restrained. Should I face those kind of charges? This is all assuming I'm not under the influence of drugs, alcohol, cold medicine or I’m sleep deprived. I just made a mistake with terrible consequences.

alan smithee wrote:

Here's some chum in the water. Someone posted this on another message board I belong to.

http://www.insurancejournal.com/news/east/2010/11/16/114916.htm

I'm not suggesting this creep has a case here but it makes me ask:

Should a victim's behavior be considered in criminal cases? Here's an example. What if I don't notice the stop sign or that the light is red and hit another car. What if a passenger dies after they get thrown through the windshield. But what if it turns out that the victim wasn’t wearing their seatbelt and the front air bag was disabled? I’m certainly at fault and should face some consequence but what if the prosecutor decides to charge me with involuntary manslaughter? What if I’ve got experts who testify that it was more than likely that the victim would have survived and likely with only minor injuries if they had been properly restrained. Should I face those kind of charges? This is all assuming I'm not under the influence of drugs, alcohol, cold medicine or I’m sleep deprived. I just made a mistake with terrible consequences.

Given the scenario, you would have most likely been charged with involuntary manslaughter – even if the victim had been wearing their seatbelt. You weren't trying to kill anyone, nor were you deliberately operating under an influence (drinking, drugs) that potentially posed a threat to another person.

That being said, even if said victim wasn't wearing a seatbelt, it most likely wouldn't have an affect on how you were charged and sentenced. As to if it should, eh. I'm inclined to say no. A seatbelt could have spared their life, true, but it still doesn't at all negate the negligence of the oncoming vehicle.

I am sure that lawsuits like this never get very far. But even the inmates have a right to sue. They shouldn't, as the families have suffered enough, but they still do.