>Hypotheticals don't work in law. You don't punish someone who hasn't committed a crime.thats common law.
As much as I don't agree with it in certain cases hypothetical very much apply. All sort so things that have a small but nonzero chance of a bad outcome are violations of civil and or criminal law (e.g a speeding ticket).
Minor nitpick. Garden-variety speeding and most other traffic offenses are "strict liability" infractions that aren't crimes in most states. The differences include the severity of the offense and the absence of the mental state (mens rea) element for strict liability offenses vs. crimes.
>Minor nitpick. Garden-variety speeding and most other traffic offenses are "strict liability" infractions that aren't crimes in most states.
There's usually a speed threshold (15 or 20 over in most states) that make it an automatic misdemeanor. No mental state required.
I would call 20+ over garden variety speeding. There's several interstate and state highways in the Boston area where 20+ over is normal traffic speed. The traffic flows at 70-75 because that's the speed that everyone deems safe and reasonable and the highway is posted at 45-55.
As much as I don't agree with it in certain cases hypothetical very much apply. All sort so things that have a small but nonzero chance of a bad outcome are violations of civil and or criminal law (e.g a speeding ticket).