Alternative measures in wrongful death crimes in traffic matters, their application and effectiveness

Abstract

Two basic issues lead to investigating alternatives regarding decisions that must be made concerning the offender when they have caused the negligent death of another person while driving a vehicle. While not underestimating the seriousness of the outcome, it is true that imprisonment as a penalty, generally imposed in these cases, is highly risky and ineffective in modern societies. In most cases of this type, the perpetrator of the crime does not exhibit maladaptive behavior. Furthermore, the victims' families, even while suffering from the pain and suffering caused by sudden death in accidents, might accept other more effective mechanisms for repairing the damages incurred. Although this would not completely restore what was lost, it would at least prevent the internment of an offender who does not need it to understand the unfavorable consequences of their actions. The study aimed to evaluate alternatives to prevent those guilty of negligent vehicular homicide from serving a sentence in a social rehabilitation center. Theoretical methods were employed, such as historical, exegesis, logical deductive reasoning, analysis, and synthesis, among others. The results indicated the possibility of utilizing conciliation or mediation between the offender and the victims' families for comprehensive reparation and imposing other subsidiary or alternative penalties that do not involve internment.