Who is at fault?

Recently there were some students who went to a Know Your Government conference in Boise. There are several hundred students thru out the state

that are chosen to go.

As I read the article in the Daily Bee, written very well by one of the students named Madelyn Nordby, for the Bee.  I thought what a great program.

They not only get to meet and talk to their own local Senators and House Representative, but have breakfast with them as well. There were several units of the government they got to participate in. One of which was the Judicial workshop.

They got to watch a mock court case, which 6 of them,  got to be the jury.

Which is one of my interest. I don’t know why, but I have only been picked one time for the juror list. Even then, out of the list of 24 to be narrowed down, I wasn't chosen. The rest of the time, was just listening.

In this mock trial, they had the scenario of two sisters, for a sister night out. While Kelly (the sister driving) looked down to text on her phone, she collided with Jamie (the driver of the other car).. The collision was bad enough to eject Kelly’s sister out of the car and she was pronounced dead.

It was found that Jamie had a alcohol blood level higher than legal. Jamie had been at a party before, but no one could testify if in fact he had been drinking at the party.. BUT

he did have illegal amount of alcohol in his system.

The mock jury of 6 had to decide if Jamie was guilty of vehicular manslaughter was fair, or should they blame Kelly because she was texting, not having her full attention on the road?   Having Jamie found not guilty. The group was split… 3 voted to find Jamie guilty. 3 found him innocent.

What would you have decided?

Myself, with the limited information.. I would have found both drivers at fault. Both were guilty of not being 100% aware.  His by alcohol (they didn’t say how much he was over the limit), hers by not having her eyes on the road.

They have had test where they say that a person texting is just as bad as a person who has been drinking.  So for me.. they would be equal. Had he not been drinking it would not have happen… if she had not be texting it would not have happen.

So for me to decide I would have had to know the rest of the story. Was this at an intersection, so each one got to the point at the same time? Did on blow a stop sign, or right of way…

Or did one of them cross the line into the other’s traffic?  And the other question I would wonder, is why wasn't the sister arrested and taken to court as well.

It would be a sad affair in deed, but.. had these two been just friends and the driver went off the road, and crashed with the passenger being killed.. The law would have found the driver at fault, if it was found that driver was texting.

So the blame is equal…

So who would you have found guilty? And if you find Jamie at fault, I got to ask… are you a texter? And would that color your choice?  And why do you feel the way you do?

I think this would be a great class for high school.. it might be good in many folds..  the law itself... for the students to see what happens when you are at fault... and judging others, will show it isn't as easy as it looks.