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From Our Blog
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Manhattan District Attorney Survey: Cy Vance
Democratic Party http://www.cyvanceforda.com Candidate Submitted Biography: Cy Vance, a graduate of Yale University and Georgetown University Law School, is a former prosecutor and veteran trial lawyer who has served for over a quarter century in the courts, in his community, and in government. Manhattan District Attorney Survey: Cy VanceQuestion 1: Please explain your legal philosophy in regard to the prosecution and prevention of vehicular crimes. How does your position, if at all, differ from that of the current office of the Manhattan District Attorney.My legal philosophy stems from my political philosophy which is both progressive and liberal. The act of driving a vehicle in Manhattan can be fraught with pitfalls especially given the high traffic volumes and intense concentration of pedestrians at central locations and at peak times. The top priority of the DA must be to ensure public safety. There is no second chance on the road – when a car crashes and someone is killed – no apology, no claim that it was strictly an accident, will ever bring that loved one back. With this grim reality in mind, strong preventative measures must be taken by police and prosecutors with the ultimate goal of reducing incidents of dangerous driving with potentially tragic outcomes. Question 2: The Bronx and Brooklyn district attorney offices have a Bureau Chief position to oversee vehicular crimes. Do you believe this position is important/necessary and why/why not?I do believe that this position is important and necessary for the Manhattan District Attorney’s office. When I spoke on Vehicular Crime at Cardozo Law School on June 3rd 2009, I discussed my desire to establish a Vehicular Crimes Unit within the District Attorney's office. This Unit will focus on felony and misdemeanor cases involving traffic fatalities, traffic assaults, reckless driving, and other road violations. Prosecutors designated to the Unit will be trained to address the complex issues specific to vehicular crime and the significance of early intervention against dangerous drivers. First time offenders who disregard traffic laws must be disciplined with the intent to stop them from committing their vehicular crimes again, with deadly results; this strategy must be promoted by both prosecutors and police. In addition, the members of this Unit will also receive substantial training in the forensics of automobile investigation and crash-site reconstruction, as well as comprehensive legal instruction and training in the complex laws of New York vehicular crime. Question 3: Data from the State DMV and City DOT show that speeding contributes to roughly 2,400 motor vehicle crashes in New York City each year, nearly three times the number attributed to drunk driving. Would your office proactively work with the NYPD to reduce these types of dangerous driving behavior? Without a doubt, yes, if elected Manhattan District Attorney I would organize the office to work proactively with the NYPD to reduce speeding offenses. As mentioned above, first time speeding offenders should receive sanctions that actually deter them from committing the crime again in the future, and that we use the power of the law to provide defensive driving education to those who require it. In order to achieve the goal of seriously reducing the number of 2,400 motor vehicle crashes in New York City annually, for its part, the Manhattan District Attorney’s office must be proactive in its approach and work diligently alongside the NYPD. Question 4: Where appropriate, would your office pursue state-wide legislative reforms in the area of vehicular crimes?As District Attorney I would, as I have done already, explicitly call for legislation to aggressively target repeat vehicular crime offenders and advocate for extreme punishment for repeat offenders. The same offense time and time again should not result in the same level of prosecution – repercussions must increase accordingly. I will work diligently, and as needed with New York City’s advocacy groups, to bring about this legislative change. Question 5: What efforts, if any, would your office undertake to increase the penalties attached to the offense(s) of vehicular homicide and/or assault in instances where drugs or alcohol are not present?Increasing penalties attached to the offense of vehicular homicide and/or assault in instances where drugs or alcohol are not present is extremely important. For example, a driver operating a car who is knowingly compromised by extreme exhaustion to the point where they can no longer operate their vehicle safely is without question behaving in a dangerous, unsafe, and irresponsible manner, and serious penalties should apply. Assembly member Robert Sweeney introduced legislation that “[p]enalizes crimes of vehicular assault and vehicular manslaughter as felonies when such crimes are committed while driving with a suspended or revoked license.” I believe that the State Assembly should pursue this legislation. I am also aware of pending legislation which would establish the crime of operating a vehicle while fatigued, where the result of such operation is serious physical injury or death to another person. These are important areas which require further attention by law enforcement and legislators. Question 6: Please explain your view of the "Rule of Two" and how it may affect your office's handling of vehicular homicide cases. In particular, the offense of Criminally Negligent Homicide.I view the “Rule of Two” as the result of case law which should be modified to reflect the reality that one vehicular crime is fully capable of killing. There is no reason why two traffic violations are necessary in order to support a conviction of criminally negligent homicide. Although in recent years this notion has been applied by the courts in a less strict manner – it is indisputable that it does not take two violations to kill someone. Many violations -- speeding, running a red light, or failing to stop at a stop sign are more than dangerous enough to take a life. Death by vehicle requires stringent, serious, and methodical on-site investigations by the NYPD and prosecutors. Assistant District Attorneys must work cooperatively with the NYPD and both must be fully trained in forensic accident reconstruction. Preparing our police and prosecutors to handle such cases can vastly improve investigations of traffic deaths. My ultimate goal remains disciplined and sophisticated case-by-case assessments of vehicular crimes. Prosecutors must be trained to take the totality of the circumstances into consideration; this strategy will ensure that the people of New York City are fairly, properly, and justly served.
Submitted by cyvance on Sun, 08/09/2009 - 20:29.
Submitted by cyvance on Mon, 08/03/2009 - 11:58.
Submitted by cyvance on Sun, 08/09/2009 - 20:29.
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