Illinois Bar Journal, Vol. 98, p. 158, 2010
2 Pages Posted: 21 Jul 2010
Date Written: January 19, 2010
Automated traffic enforcement schemes employing cameras are increasingly used by local governments. In some schemes, as in Chicago, traffic violations are pursued against vehicle owners as well as drivers where there is no mens rea requirement that typically accompanies crimes. Strict liability is justified because of owners= ability to control the drivers and because traffic accidents will be reduced.
Though angering many citizens, automated schemes may well spread. If so, many new schemes will employ administrative processes, as in Chicago, which free trial courts for the more significant civil and criminal cases. Many vehicles owners will be fined for the bad driving by others.
This short article explores the Chicago traffic ordinances. It then examines the limits on automated traffic enforcement schemes.
Keywords: red light enforcement, traffic, administrative adjudications, mens rea, criminal law, administrative law, driving, vehicle laws
Suggested Citation: Suggested Citation
Parness, Jeffrey A., Red Light Cameras: Innocent But Guilty (January 19, 2010). Illinois Bar Journal, Vol. 98, p. 158, 2010. Available at SSRN: https://ssrn.com/abstract=1645410