LAW, TRAFFIC REGULATION AND THE ADMINISTRATION OF JUSTICE

A CLASSIFICATION IS PRESENTED OF THE BASIC MENTAL ATTITUDES OF TRAFFIC LAW VIOLATORS AND SOME THOUGHTS EXPRESSED RELATIVE TO EQUAL AND JUST PENALTIES FOR OFFENDERS IN THESE VARIOUS CLASSIFICATIONS. TRAFFIC LAW VIOLATIONS ARE DISCUSSED UNDER TWO GENERAL CLASSIFICATIONS: (1) INTENTIONAL OR RECKLESS VIOLATIONS, AND (2) NON-INTENTIONAL, CARELESS, OR THOUGHTLESS VIOLATIONS. THE CUSTOMARY PENALTIES IMPOSED THROUGHOUT THE NATION IN TRAFFIC COURTS ARE: (1) MONETARY FINES, (2) IMPRISONMENT FOR SHORT OR LONG TERMS, (3) REVOCATION OF DRIVERS' LICENSE, (4) IMPOUNDING OF AUTOMOBILE LICENSE PLATES, (5) REMOVABLE OF DEFECTIVE AUTOMOBILES FROM HIGHWAYS, (6) REQUIRED ATTENDANCE AT POLICE TRAFFIC SCHOOLS, AND (7) REQUIRED ATTENDANCE FOR PSYCHIATRIC TREATMENT. IN A NUMBER OF JURISDICTIONS THE COURTS ALSO ENDEAVOR TO INSURE PAYMENT OF DAMAGES BY THE OFFENDER TO THOSE WHO HAVE SUFFERED LOSSES BY REASON OF HIS VIOLATIONS. MORE CONSIDERATION IS RECOMMENDED TO THIS ASPECT OF THE PROBLEM. A TABLE IS PRESENTED OF SUGGESTED PENALTIES WITH RESPECT TO THE INTENTIONAL AND UN-INTENTIONAL VIOLATORS. A DEPARTMENT IS RECOMMENDED TO BE ESTABLISHED IN EACH STATE WITH JUDICIAL POWERS FOR THE REGULATION AND CONTROL OF HIGHWAY TRAFFIC. THE DIVISIONS OF THIS DEPARTMENT ARE ENUMERATED. PROFESSOR BOWMAN DISCUSSES CONDUCT INVOLVED IN TRAFFIC VIOLATIONS. HE SUGGESTS THAT THE SPECIFIC TYPE OF CONDUCT INVOLVED IN TRAFFIC VIOLATIONS SHOULD BE EXAMINED TO DETERMINE WHICH VIOLATIONS SHOULD BE CLASSED AS CRIMES AND WHICH VIOLATIONS SHOULD BE CLASSED AS BREECHES OF REGULATORY PROVISIONS OF THE LAW. NAGLIGENCE AND GROSS NEGLIGENCE ARE DISCUSSED. PROFESSOR ARENS FEELS THAT THE DISCUSSION HIGHLIGHTS THE NEED FOR INTENSIFIED RESEARCH IN THE AREA OF ACCIDENT PREVENTION AND THE SANCTIONING DESIGN TO SERVE THAT END. PROFESSOR REESE FEELS THAT MORE REALISM IS NEEDED IN THE SYSTEM OF TRAFFIC CONTROL FROM THE LEGAL PHILOSOPHICAL VIEWPOINT. MR LAUER POINTS OUT THE COSTS INVOLVED IN A PROGRAM TO MODIFY HIGHWAYS AND ENLARGE THE AREA OF SAFETY, TO INCREASE THE ADMINISTRATIVE PERSONNEL AVAILABLE FOR IMPLEMENTING SUCH A PROGRAM, AND TO ELIMINATE DELAYS IN THE JUDICIAL PROCESSING OF CASES. LAWS RELATING TO PUNISHMENT FOR VIOLATIONS AND FOR TRAFFIC TORTS ARE DISCUSSED. A BRIEF REVIEW OF PAPERS GIVEN IN THE COLLOQIUM IS PRESENTED BY MR. PERINI. HE DISCUSSES THE MATTER OF COMMUNICATION TO THE DRIVING PUBLIC OF THE LEGAL PROVISIONS. MR. FISHER DISCUSSES THE FUTURE MEETING OF THE NATIONAL COMMITTEE ON UNIFORM TRAFFIC LAWS AND ORDINANCES TO CONSIDER PROPOSED CHANGES IN THE UNIFORM VEHICLE CODE AND MODEL TRAFFIC ORDINANCE.

Media Info

  • Media Type: Print
  • Features: Photos;
  • Pagination: pp 93-118
  • Monograph Title: A COLLOQUY ON MOTOR VEHICLE AND TRAFFIC LAW
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 00238805
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Jul 21 1970 12:00AM