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State v. O''Brien7/22/1985
times and the exigencies of life in a society dependent on technology such as the automobile. These circumstances were presaged by the Supreme Court itself, which has observed:
hose standards of action and of policy which find expression in the common and statute law may vary from generation to generation. Such change has led to the abandonment of the lash and the stocks, and we may assume, for present purposes, that commonly accepted views of the severity of punishment by imprisonment may become so modified that a penalty once thought to be mild may come to be regarded as so harsh as to call for the jury trial, which the Constitution prescribes, in some cases which were triable without a jury when the Constitution was adopted. District of Columbia v. Clawans, 300 U.S. at 627.
Without question, we abhor the senseless actions of those who, in spite of the dictates of law and conscience, insist upon risking their lives and the lives of countless others by getting behind the wheel of a car after consuming alcohol. We are unable to find in the constitution, however, any intention to deny these men and women the right to have their fates decided by a jury of their peers. Accordingly, we affirm the ruling of the Intermediate Court of Appeals, and reverse and remand this case for re-trial.
Disposition
The ruling of the Intermediate Court of Appeals is affirmed, and this case is reversed and remanded for re-trial.
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