Use of Stomach Pump as Unreasonable Search and Seizure

Abstract

In passing the special statute the Illinois legislature made no revisions in the manslaughter provisions. In view of the definite need for prosecution of drivers whose negligence does not reach that degree required in a manslaughter case and yet is beyond the slight negligence stage, we need not assume the legislature merely intended that the new statute operate to make auto homicides an exception to the manslaughter provision. It is more reasonable to assume the new statute simply operates to establish a lesser degree of manslaughter. Although no complete guide to prosecutors of auto death drivers is practicable in light of the variety of factual situations, a general procedure might be laid out. Where the prosecution has an open-and-shut case of the old involuntary manslaughter type that charge should be made. In cases where some doubt exists as to the probability of a manslaughter conviction the prosecution should join in the indictment a special count for reckless homicide. In those cases clearly outside the scope of the manslaughter provisions, the prosecution may find the new statute available in a new area of negligence. Following such a general scheme the prosecution will no doubt find possible a greater frequency of convictions in the old field and some convictions in a new field of negligence. This strengthening of the arm of law enforcement may then make possible some decline in the already outrageous number of traffic deaths.50