Comments on: 6-Year-Old Boy Fatally Hit by Truck in Brooklyn http://www.streetsblog.org/2006/12/08/6-year-old-boy-fatally-hit-by-truck-in-brooklyn/ Covering the New York City Streets Renaissance Fri, 12 Mar 2010 15:41:55 -0500 http://wordpress.org/?v=2.8 hourly 1 By: Steve http://www.streetsblog.org/2006/12/08/6-year-old-boy-fatally-hit-by-truck-in-brooklyn/comment-page-1/#comment-15878 Steve Fri, 08 Dec 2006 23:09:48 +0000 http://www.streetsblog.org/2006/12/08/6-year-old-boy-fatally-hit-by-truck-in-brooklyn/#comment-15878 ADA McCormick's answer in the interview is a bit of a dodge. There are ways to establish that a driver's running a red light is not accidental or inadvertent if there are witnesses, based on whether the driver slowed down or sped up before or after the red light. Were they on a roadway on which the driver would have seen flashing pedestrian "don't walk" signals, or traffic lights turning yellow up ahead, before the light they ran turned yellow? You can infer at least recklessness and even purposeful conduct from such facts. However it is difficult to establish the necessary proof beyond a reasonable doubt. Especially when if jury is full of people sympathetic to the driver. So the ADAs throw up their hands and don't try. It's hard to blame them, but its also a vicious cycle--lack of prosecution of "careless" drivers for serious offenses maintains the status quo in which murder with a car is "folk crime." More prosecutions of "careless" drivers, for more serious crimes, would (over time) change the mindset of the jury pool. ADA McCormick's answer in the interview is a bit of a dodge. There are ways to establish that a driver's running a red light is not accidental or inadvertent if there are witnesses, based on whether the driver slowed down or sped up before or after the red light. Were they on a roadway on which the driver would have seen flashing pedestrian "don't walk" signals, or traffic lights turning yellow up ahead, before the light they ran turned yellow? You can infer at least recklessness and even purposeful conduct from such facts.

However it is difficult to establish the necessary proof beyond a reasonable doubt. Especially when if jury is full of people sympathetic to the driver. So the ADAs throw up their hands and don't try. It's hard to blame them, but its also a vicious cycle--lack of prosecution of "careless" drivers for serious offenses maintains the status quo in which murder with a car is "folk crime." More prosecutions of "careless" drivers, for more serious crimes, would (over time) change the mindset of the jury pool.

]]> By: steveo http://www.streetsblog.org/2006/12/08/6-year-old-boy-fatally-hit-by-truck-in-brooklyn/comment-page-1/#comment-15868 steveo Fri, 08 Dec 2006 22:05:00 +0000 http://www.streetsblog.org/2006/12/08/6-year-old-boy-fatally-hit-by-truck-in-brooklyn/#comment-15868 Or to use an old analogy, if I'm walking in Times Square, and I carelessly or inadverntently allow a gun in my possession to fire, killing a passerby, I will surely be charged with a crime, even if I am licensed to carry it. People are expected to take responsibility for their guns. For some reason they aren't expected to take responsibility for their cars. Or to use an old analogy, if I'm walking in Times Square, and I carelessly or inadverntently allow a gun in my possession to fire, killing a passerby, I will surely be charged with a crime, even if I am licensed to carry it.

People are expected to take responsibility for their guns. For some reason they aren't expected to take responsibility for their cars.

]]> By: AD http://www.streetsblog.org/2006/12/08/6-year-old-boy-fatally-hit-by-truck-in-brooklyn/comment-page-1/#comment-15867 AD Fri, 08 Dec 2006 21:53:27 +0000 http://www.streetsblog.org/2006/12/08/6-year-old-boy-fatally-hit-by-truck-in-brooklyn/#comment-15867 <p>So "Carelessness or inadvertence" is the standard by which we hold drivers accountable for their actions?</p> <p>Imagine if some construction workers were loading steel beams off of a truck onto a construction site, and because of carelessness or inadvertence one of the beams accidentally struck and killed a passer by.</p> <p>What would happen?</p> <p>The worker(s) deemed at fault would be charged with <strong>criminally negligent homicide</strong>.</p> <p>How is that crime any different than this hypothetical driver's?</p> <p>(Answer: There are more drivers than construction workers in this world, and so they have more political power.) </p> So "Carelessness or inadvertence" is the standard by which we hold drivers accountable for their actions?

Imagine if some construction workers were loading steel beams off of a truck onto a construction site, and because of carelessness or inadvertence one of the beams accidentally struck and killed a passer by.

What would happen?

The worker(s) deemed at fault would be charged with criminally negligent homicide.

How is that crime any different than this hypothetical driver's?

(Answer: There are more drivers than construction workers in this world, and so they have more political power.)

]]> By: ddartley http://www.streetsblog.org/2006/12/08/6-year-old-boy-fatally-hit-by-truck-in-brooklyn/comment-page-1/#comment-15865 ddartley Fri, 08 Dec 2006 21:51:27 +0000 http://www.streetsblog.org/2006/12/08/6-year-old-boy-fatally-hit-by-truck-in-brooklyn/#comment-15865 What will it be? This, or Eric Ng, or my friend's friend who I just learned was killed on Queens Boulevard yesterday---that will get people finally to march, or demonstrate in large numbers, screaming that this traffic system is very good at killing people? What will it be? This, or Eric Ng, or my friend's friend who I just learned was killed on Queens Boulevard yesterday---that will get people finally to march, or demonstrate in large numbers, screaming that this traffic system is very good at killing people?

]]> By: Greg http://www.streetsblog.org/2006/12/08/6-year-old-boy-fatally-hit-by-truck-in-brooklyn/comment-page-1/#comment-15864 Greg Fri, 08 Dec 2006 21:47:13 +0000 http://www.streetsblog.org/2006/12/08/6-year-old-boy-fatally-hit-by-truck-in-brooklyn/#comment-15864 Unfortunately, this is not limited to NYC. This was recently reported in the town where I went to school back in Illinois. http://www.news-gazette.com/ngsearch/index.cfm?&page=displyStory.cfm&yearfolder=the06news&file=113006%5Fngstory%5F71210%2Etxt&search=Stark&theorder=asaphrase Unfortunately, this is not limited to NYC. This was recently reported in the town where I went to school back in Illinois.

http://www.news-gazette.com/ngsearch/index.cfm?&page=displyStory.cfm&yearfolder=the06news&file=113006%5Fngstory%5F71210%2Etxt&search=Stark&theorder=asaphrase

]]> By: Lane Wyden http://www.streetsblog.org/2006/12/08/6-year-old-boy-fatally-hit-by-truck-in-brooklyn/comment-page-1/#comment-15862 Lane Wyden Fri, 08 Dec 2006 21:45:32 +0000 http://www.streetsblog.org/2006/12/08/6-year-old-boy-fatally-hit-by-truck-in-brooklyn/#comment-15862 could it be that the driver's admission is sufficient to establish that what he did was more than just "carelessness or inadvertence" ? could it be that the driver's admission is sufficient to establish that what he did was more than just "carelessness or inadvertence" ?

]]> By: AD http://www.streetsblog.org/2006/12/08/6-year-old-boy-fatally-hit-by-truck-in-brooklyn/comment-page-1/#comment-15861 AD Fri, 08 Dec 2006 21:44:26 +0000 http://www.streetsblog.org/2006/12/08/6-year-old-boy-fatally-hit-by-truck-in-brooklyn/#comment-15861 "The driver stayed at the scene." It has come to the point where this fact is actually worth noting. "The driver stayed at the scene."

It has come to the point where this fact is actually worth noting.

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