| Court: |
Wisconsin Supreme Court |
|
| Facts: |
Motorcycle accident while intoxicated kills passenger. |
|
| Posture: |
Convicted at trial, post-conviction motion denied, defendant appeals |
|
| Issue: |
Three issues:
- Is the homicide by OWI statute unconstitutional?
- Does the affirmative defense conflict with right against self-incrimination?
- Was failure to instruct on affirmative defense a violation of due process?
|
|
| Holding: |
- No.
- No.
- No.
Affirmed.
|
|
| Rule: |
- There are only two elements: operating while intoxicated, and causing death.
People make a conscious choice to do this, and we are OK punishing them
for it.
- Self-incrimination is about compulsory testimony. The affirmative defense is
voluntary.
- The state doesn't have to prove negligence: all the evidence here was
speculative, so it was reasonable not to instruct.
|
|
| Reasoning: |
|
|
| Dicta: |
Dissent (Abrahamson): the statute is unconstitutional, actually, because it
allows punishment for events that happen by chance. |