Crimes Committed
In this case, where Mark was driving while inebriated thereby causing an accident, several charges against him are available. One of the offenses committed by Mark is the crime of drunk driving. The drunken driving laws in the state of Hawaii stipulate that an individual should not drive if the Blood Alcohol Concentration (BAC) is more than 0.08 percent. The law classifies a person to be highly intoxicated if they surpass the 0.15 percent and above the set mark. In the case of Mark, his BAC readings showed that the intoxication level exceeded the 0.15 percents and was standing at 0.21 percent. This qualifies him for the drunken driving charges.
Additionally, Hawaii Speed Laws prevent over speeding and car crashes. The state has a different speed limit. Signs in the state indicate the speed limit, which a driver should adhere to. The maximum speed limit in Hawaii State is 60 miles per hour. In the case of Mark, he was driving at a speed limit of 75 miles per hour with this indicating he was over speeding. The charges include reckless driving since when over speeding, the driver is exposing his passengers to hazards.
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Under the felony laws in Hawaii, it can either be in the first or second degree. The latter is less severe than the first, and it includes recklessly causing severe or substantial bodily injury. The person committing this type of crime is aware (or should be aware) that his actions will cause the harm, but he doesn’t care. In the context of Mark, he was aware that when he was highly intoxicated, he was not in a position to drive the car. However, he chose to continue with his action, which caused bodily harms to his friends traveling in the same vehicle. This qualifies Mark for felony assault in the second degree.
Involuntary manslaughter is part of the crime of criminal homicide in the Hawaii State (Fox, Levin & Quinet, 2018). Involuntary manslaughter is a crime of unintentional killings that result from criminal negligence. The first-degree negligent homicide is causing the death of another person by negligently operating a vehicle while under the influence of drugs or alcohol. It also includes negligently managing a vehicle. Mark was driving the car at high speed while under the influence of alcohol (FindLaw, 2018). In the process, one of his friends died because of the accident. This incident brings about an involuntary manslaughter charge against him.
Criminal Justice System process
The criminal justice system, in this case, will begin by the District Attorney analysis the case in collaboration with the Highway Patrol to ensure that a due process was followed in bringing up charges against Mark. The judge will commence the case by advising Mark of his rights, including the power of appointing an attorney, who will handle his case. In any event, Mark is found guilty of the charges against him by the court, different penalties will be awarded. Firstly, in Hawaii, Vehicular Homicide is considered a Class-B felony and is punishable by the conviction of up to 10 years in prison and a maximum of $ 25,000 in fines. Mark will also be eligible for a fine of $ 150 to $ 1000, five days in jail and license suspension of 6monthts to 1 year. The DUI penalty is because it is the first time Mark is convicted of drunk driving. Additionally, the high speed of 75 mph will attract up to 30 days in jail and a maximum $1,000 in fines.
Possible “next step” for Mark in the case
In all the charges facing Mark, it would be vital if he contacts the attorney for assistance. A felony assault is a serious matter because it leads to bodily injuries to the victims. The defense attorney will convince either a prosecutor or a jury that Mark did not intend to cause harm. This defense could result in a lesser punishment on Mark. In the case of over speeding, the attorney can argue that the officer’s determination of the car speed is questionable and is likely that the speed was much lower. Lastly, in the case of Vehicular Homicide, Mark should liaise with his attorney to get the best facts of the case so that the latter can assist in obtaining the best possible outcome. In the felony assault charges, the court will assess whether his action was intentional, judging that it was George who drove the pack in the first instance before Mark offering to drive when he was inebriated. The court will assess the possibility that Mark was over speeding because of an emergency.
Nonetheless, the best thing Mark will do in this case is to plead leniency with the court, in a bid to attract lesser charges. Separately, Mark’s rights are fully met in this scenario, since the defendant is allowed to appoint an attorney, in addition to paying a bond that will warrant his release before the trial. However, Mark has committed many serious offenses, which is highly likely to attract harsh punishment. The primary purpose of the court will be to show Mark and other citizens not to engage in drinking before driving.
Rights of victims as they relate to the criminal justice process
Mark careless driving while drunk resulted in injuries and death to its victims. In this case, victims of Mark’s recklessness have the right to be notified of any court proceedings involving this case. The family of the dead person also has a right to a speedy trial, which will ensure that they receive justice because of their loss. The victims and their families have a right to receive compensation from Mark. Under the Hawaii State laws, drunk drivers’ faces financial responsibility for the injured victim’s injury claim. If the vehicle has insurance, the company will handle the financial liability of the victims and the family of the dead friend. The law stipulates that if the coverage is not enough to cover the damages, then Mark stand to lose his asset like income to compensate the victims.
The law is aware of the possibility that a drunk driver like Mark is likely to discharge his financial responsibility by filing bankruptcy. The law stipulates that even if the drunk driver has no enough insurance or does not have enough insurance coverage to adequately compensate the victims in an accident he cannot file for bankruptcy. The law indicates that it cannot relieve the defendants his or her responsibility to the victims by accepting the filed bankruptcy. The victims of the accident stand to be compensated for the medical expenses they will incur, loss of income during hospitalization, and lastly, pain and suffering because of the loss of the loved ones.
If these crimes were committed in a state that has a Grand Jury system, discuss where in the series of steps the Grand Jury would hear evidence in this case.
Grand Jury system is one of the essential criminal justice processes. The aim of the method is not to find any guilt or punishment for the defendant. The prosecutor usually works with the grand jury to bring possible charges to the accused (Lynch, 2014). Grand Jury is the first step in a criminal trial, where it is applicable. Grand Jury proceedings are not as strict as the regular court trial. In the grand jury sittings, it is only the prosecutor who is present. Unlike the regular court proceedings, there is no need for the judge and the lawyer. Typically, the grand jury proceedings aim at encouraging the witness to speak freely without intimidation. In continuation, it helps in protecting the potential defendant’s reputation. In any case, the grand jury chooses to indict the defendant, then the case at hand will move at a fast pace. On the other hand, without a grand jury indictment, the prosecutor will require enough evidence in the courts to implicate the defendant
In the case of Mark, if the state had a Grand Jury System in place, different steps would be followed. Firstly, Mark would appear before the Grand Jury where his charges and rights would be read. Separately from the typical criminal court system, the prosecutor would attempt to talk with Mark into admitting that his actions were against the law. The first step would also involve the process of advising Mark of his rights. Additionally, an amount of bail would be set in this stage if the Grand Jury deems it fit to award the defendant. The following step will involve the reviewing the defendant’s statement to determine if there is enough evidence that will warrant the commencement of trial in the court. In any event, the Grand Jury deems the evidence to be enough; a case would be filled in the courts, where the defendant will go ahead to either pledge guilty or not guilty. Concerning the available evidence, the sitting judge will determine if Mark is guilty or not for the charges placed against him.
Reference
Fox, J. A., Levin, J., & Quinet, K. (2018). The will to kill: Making sense of senseless murder . SAGE Publications.
FindLaw. (2018). Hawaii Involuntary Manslaughter Law . Retrieved from https://statelaws.findlaw.com/hawaii-law/hawaii-involuntary-manslaughter-law.html
Lynch, G. E. (2014). Our administrative system of criminal justice. Fordham L. Rev., 83 , 1673.
