New York State Penal Law 2019 Edition


Book Description

This book was revised on April 8, 2019.







Right of Way


Book Description

The face of the pedestrian safety crisis looks a lot like Ignacio Duarte-Rodriguez. The 77-year old grandfather was struck in a hit-and-run crash while trying to cross a high-speed, six-lane road without crosswalks near his son’s home in Phoenix, Arizona. He was one of the more than 6,000 people killed while walking in America in 2018. In the last ten years, there has been a 50 percent increase in pedestrian deaths. The tragedy of traffic violence has barely registered with the media and wider culture. Disproportionately the victims are like Duarte-Rodriguez—immigrants, the poor, and people of color. They have largely been blamed and forgotten. In Right of Way, journalist Angie Schmitt shows us that deaths like Duarte-Rodriguez’s are not unavoidable “accidents.” They don’t happen because of jaywalking or distracted walking. They are predictable, occurring in stark geographic patterns that tell a story about systemic inequality. These deaths are the forgotten faces of an increasingly urgent public-health crisis that we have the tools, but not the will, to solve. Schmitt examines the possible causes of the increase in pedestrian deaths as well as programs and movements that are beginning to respond to the epidemic. Her investigation unveils why pedestrians are dying—and she demands action. Right of Way is a call to reframe the problem, acknowledge the role of racism and classism in the public response to these deaths, and energize advocacy around road safety. Ultimately, Schmitt argues that we need improvements in infrastructure and changes to policy to save lives. Right of Way unveils a crisis that is rooted in both inequality and the undeterred reign of the automobile in our cities. It challenges us to imagine and demand safer and more equitable cities, where no one is expendable.




Alcohol, Drugs, and Impaired Driving


Book Description

Alcohol, Drugs, and Impaired Driving addresses many theoretical and practical issues related to the role played by alcohol and other psychoactive drugs on driving performance, road-traffic safety, and public health. Several key forensic issues are involved in the enforcement of laws regulating driving under the influence of alcohol and/or other drugs, including analytical toxicology, pharmacology of drug action, as well as the relationships between dose taken, concentration levels in the body, and impairment of performance and behavior. Our knowledge of drunken driving is much more comprehensive than drugged driving, so a large part of this book is devoted to alcohol impairment, as well as impairment caused by use of drugs other than alcohol. For convenience, the book is divided into four main sections. The first section gives some historical background about measuring alcohol in blood and breath as evidence for the prosecution of traffic offenders. The important role of the Breathalyzer instrument in traffic-law enforcement, especially in Australia, Canada, and the USA is presented along with a biographical sketch of its inventor (Professor Robert F. Borkenstein of Indiana University) with focus on the man, his work and his impact. The second section discusses several issues related to forensic blood and breath-alcohol alcohol analysis as evidence for prosecution of traffic offenders. This includes how the results should be interpreted in relation to impairment and an evaluation of common defense challenges. Because most countries have adopted concentration per se laws, the main thrust of the prosecution case is the suspect’s measured blood- or breath-alcohol concentration. This legal framework necessitates that the analytical methods used are "fit for purpose" and are subjected to rigorous quality assurance procedures. The third section gives a broad overview of the current state of knowledge about driving under the influence of non-alcohol drugs in various countries. This includes adoption of zero-tolerance laws, concentration per se statutes, and clinical evidence of driver impairment based on field sobriety tests and drug recognition expert evidence. The fourth section deals with epidemiology, enforcement, and countermeasures aimed at reducing the threat of drunken and drugged driving. All articles have appeared previously in the international journal Forensic Science Review, but all are completely updated with current data, references, and the latest research on developments since the articles were published. This book contains a convenient collection of the best articles covering recommendations for blood and breath testing methods, public policy relating to such methods, and forensic and legal implications of the enforcement of measures to counter driving under the influence.




Section 1983 Litigation


Book Description

In this invaluable three-volume set, you'll get an analysis of every aspect of the statute from the plaintiffs' and defendants' side of the courtroom - from direction on potential to considerations about choice of forum. This reference also gives you citations to state and district court decisions and circuit-by-circuit breakdowns of leading decisions. Plus, you'll explore constitutional rights enforceable under Section 1983, every facet of municipal liability and qualified immunity, bifurcating claims against officers and municipalities, and more. Martin A. Schwartz, an expert of Section 1983 actions, goes a step further and provides positions on open issues. Also available as part of the Section 1983 Litigation Complete Six-Volume Set.




Driven


Book Description

Alex Davies tells the “illuminating and important narrative” (Steven Levy, author of Facebook: The Inside Story) of the quest to develop driverless cars—and the fierce competition between Google, Uber, and other companies in a race to revolutionize our lives. The self-driving car has been one of the most vaunted technological breakthroughs of recent years. But early promises that these autonomous vehicles would soon be on the roads have proven premature. Alex Davies follows the twists and turns of the story from its origins to today. The story starts with the Defense Advanced Research Projects Agency (DARPA), which was charged with developing a land-based equivalent to the drone, a vehicle that could operate in war zones without risking human lives. DARPA issued a series of three “Grand Challenges” that attracted visionaries, many of them students and amateurs, who took the technology from Jetsons-style fantasy to near-reality. The young stars of the Challenges soon connected with Silicon Valley giants Google and Uber, intent on delivering a new way of driving to the civilian world. Soon the automakers joined the quest, some on their own, others in partnership with the tech titans. But as road testing progressed, it became clear that the challenges of driving a car without human assistance were more formidable than anticipated. Davies profiles the industry’s key players from the early enthusiasm of the DARPA days to their growing awareness that while this spin on artificial intelligence isn’t yet ready for rush-hour traffic, driverless cars are poised to remake how the world moves. Driven explores “the epic tale of competition and comradery, long odds and underdogs, all in service of a world-changing moonshot” (Andy Greenberg, author of Sandworm: A New Era of Cyberwar).







Judith S. Kaye in Her Own Words


Book Description

An autobiography and selected writings by the former Chief Judge of New York’s highest court, the Court of Appeals. In 1983, Judith S. Kaye (1938–2016) became the first woman appointed to the Court of Appeals, New York’s highest court. Ten years later, she became the first woman to be appointed chief judge of the court, and by the time she retired, in 2008, she was the longest-serving chief judge in the court’s history. During her long career, she distinguished herself as a lawyer, jurist, reformer, mentor, and colleague, as well as a wife and mother. Bringing together Kaye’s own autobiography, completed shortly before her death, as well as selected judicial opinions, articles, and speeches, Judith S. Kaye in Her Own Words makes clear why she left such an enduring mark upon the court, the nation, and all who knew her. The first section of the book, Kaye’s memoir, focuses primarily on her years on the Court of Appeals, the inner workings of the court, and the challenges she faced, as chief judge, in managing a court system populated by hundreds of judges and thousands of employees. The second section, a carefully chosen selection of her written opinions (and occasional dissents), reveals how she guided the law in New York State for almost a quarter century with uncommon vision and humanity. Her decisions cover every facet of New York and federal law and have often been quoted and followed nationally. The final section of the book includes selections from her numerous articles and speeches, which cover the field, from common law jurisprudence to commercial law to constitutional analysis, all with an eye to the future and, above all, how the law can best affect the everyday lives of people who come to court—willingly or unwillingly—including, not least, those most in need of the law. BACK FLAP “Judith Kaye was one of the most admired judges in the nation—and a wonderful, real, often funny person as well. This collection captures the full range of the judge and the woman, and it serves as a great reminder of her enduring legacy.” — Jeffrey Toobin “An extraordinary woman, jurist, and leader who had a striking impact on the law and the administration of justice in New York State and beyond. This collection is more than a simple record of a remarkable life. It is a treasure—not only for those of us who knew and admired Judith but for all who may seek to understand and appreciate the profound impact she had on the law, the legal profession, and the administration of justice.” — from the Foreword by Honorable Janet DiFiore