Daniels Law: A Proposal to Amend the Hit and Run Statute
Background:
Hit and run is a serious offense that involves leaving the scene of an accident without providing aid or information to the other parties involved. According to the National Highway Traffic Safety Administration, there were 2,049 fatal hit and run crashes in 2016, resulting in 2,138 deaths However, the current federal law only imposes a maximum penalty of 15 years imprisonment for an accessory after the fact who knowingly assists the offender in avoiding arrest or punishment. This is insufficient to deter and punish such heinous acts that cause irreversible harm and suffering to the victims and their families.
Proposal:
We propose to amend the federal hit and run statute (18 U.S.C. § 3) to include a new subsection that would define a hit and run that results in death as a “murder after the fact” and impose a mandatory minimum sentence of life imprisonment without parole. This would be consistent with the definition of murder in the federal criminal code (18 U.S.C. § 1111), which includes killing another person with malice aforethought or in perpetration of certain felonies. By leaving the scene of a fatal accident, the offender demonstrates a depraved indifference to human life and a willful intent to evade justice, which amounts to malice aforethought. Moreover, by committing a hit and run, the offender also commits a felony that causes death, which qualifies as felony murder.
Rationale:
The proposed amendment would serve several purposes:
It would reflect the gravity of the offense and the moral outrage of the society.
It would provide justice and closure for the victims and their families.
It would deter potential offenders from fleeing the scene of an accident.
It would enhance public safety and trust in the legal system.
Comparison:
The proposed amendment would also align the federal law with some state laws that already treat hit and run as murder or manslaughter. For example, in California, a hit and run that results in death can be charged as second-degree murder or vehicular manslaughter, depending on the circumstances In Florida, a hit and run that results in death can be charged as first-degree felony murder or vehicular homicide In New York, a hit and run that results in death can be charged as second-degree manslaughter or criminally negligent homicide.
Conclusion:
We urge the Congress to pass Daniels Law and amend the federal hit and run statute to include a new subsection that would define a hit and run that results in death as a “murder after the fact” and impose a mandatory minimum sentence of life imprisonment without parole. This would be a fitting tribute to Daniel, who was killed by a hit and run drunk driver.