Re:Is Every Speed Limit Too Low?
by wahern on Wednesday April 26, 2017 @04:10PM
(#14206515)
Ideally the speed limit should be whatever is objectively safe given the immediate environment.
The problem is that enforcement of such a rule is impractical in most situations. If you're going 35Mph in what was once posted as a 25Mph zone, and it was posted as 25Mph because there's a school zone in two blocks, even if there's a strong argument that 25Mph is the objectively safest limit, you'll then have to prove that the driver knew there was a school in two blocks. Then the driver could argue school was out. Etc, etc, etc.
There's a tension between administrative efficiency regarding enforcement and fairness to the accused. This tension is made greater the larger the community. In a tiny community everybody can trust the sheriff to make a judgment call, and the ticketed person not to contest the issue. As the community becomes more diverse and less personally connected, and the environment more complex, you need to rely on strict, clearly articulated rules that minimize discretion.
There's another axis we're dealing with here, too. Do we emphasize overall outcomes, or do we emphasize individual justice (for victims, for offenders)? If you emphasize overall outcomes then we focus on prevention and social measures. If you emphasize individual justice you want to make it easier to punish offenders, as well as make the rules clear so that everybody knows precisely how to avoid offending.
I tend to emphasize more on overall outcomes. I think most people do, at least in the abstract. But the moment a kid or a biker is run over many people switch into individual justice mode, and that's how elections play out.
The problem is that enforcement of such a rule is impractical in most situations. If you're going 35Mph in what was once posted as a 25Mph zone, and it was posted as 25Mph because there's a school zone in two blocks, even if there's a strong argument that 25Mph is the objectively safest limit, you'll then have to prove that the driver knew there was a school in two blocks. Then the driver could argue school was out. Etc, etc, etc.
There's a tension between administrative efficiency regarding enforcement and fairness to the accused. This tension is made greater the larger the community. In a tiny community everybody can trust the sheriff to make a judgment call, and the ticketed person not to contest the issue. As the community becomes more diverse and less personally connected, and the environment more complex, you need to rely on strict, clearly articulated rules that minimize discretion.
There's another axis we're dealing with here, too. Do we emphasize overall outcomes, or do we emphasize individual justice (for victims, for offenders)? If you emphasize overall outcomes then we focus on prevention and social measures. If you emphasize individual justice you want to make it easier to punish offenders, as well as make the rules clear so that everybody knows precisely how to avoid offending.
I tend to emphasize more on overall outcomes. I think most people do, at least in the abstract. But the moment a kid or a biker is run over many people switch into individual justice mode, and that's how elections play out.