"Anticipatory self-defense is not a thing". Harvard Law Professor Debunks Daniel Penny’s Legal Defense Strategy

[Moonglow]

And then we get BLM burning down American cities. I get it! Wait...no, I don't. Explain.

Are you Aryan like me?

 

[MaryL]

Are you Aryan like me?

Excuse me?

 

[pknopp]

The Army Trained me to kill. Oddly in the 42 years since I went to basic training, I haven't killed anyone.

The Army also trained me how to fill out paperwork and do inventory control. I do that every day.

It's not a matter of what they train you to do, it's a matter of the judgement you show in using that knowledge.

A friend of mines son was a sniper. His wife hated what that job was doing to him. She told him to not sign on again or she would leave him.

He decided to kill himself.

 

[JoeB131]

A friend of mines son was a sniper. His wife hated what that job was doing to him. She told him to not sign on again or she would leave him.

He decided to kill himself.

Um, okay. A lot of people have a hard time adjusting to post military life. I will admit even I did in some ways. I still have about 20 or so habits I picked up in the military I still do.

 

[Leo123]

Are you Aryan like me?

Yellow is not Aryan Moonie.

 

[Leo123]

"Anticipatory" self defense? Just WTF is that? I call that good sense. Oh wait, I forgot, in this Marxist leaning justice system you gotta wait to be shot or knifed first. Silly me.

 

[pknopp]

Um, okay. A lot of people have a hard time adjusting to post military life. I will admit even I did in some ways. I still have about 20 or so habits I picked up in the military I still do.

I consider it that the government killed him.

 

[Leo123]

I consider it that the government killed him.

Yeah and 'the government' probably saved many lives as well.

 

[pknopp]

Yeah and 'the government' probably saved many lives as well.

Not a single life was saved by us going into Iraq.

 

[Thunk]

According to Martin, anticipatory self-defense is not a valid legal defense and therefore cannot be used in Penny’s case.

What a crock!

Mr. Blackman was ranting that he was going to go to prison forever.

What crime makes a person go to prison forever?

That was a direct threat to everybody aboard that subway car.

 

[1srelluc]

Well he's going to have one hell of a commissary account.....1.7million and counting.

Nobody but leftist loons care about some random dead crazy guy that should have been locked away years ago.

 

[JoeB131]

I consider it that the government killed him.

And this is a problem with liberals in general, that Conservatives rightly criticize us for.

No one is personally responsible.

This guy made his own decisions. Most of them bad.

 

[JackOfNoTrades]

What a crock!

Mr. Blackman was ranting that he was going to go to prison forever.

What crime makes a person go to prison forever?

That was a direct threat to everybody aboard that subway car.

And according to other passengers on the train, he never made a physical move toward anyone. No swinging, no lunging, not even a chest bump. Penny comes up BEHIND him and puts him in a choke hold. Kid made a bad decision. And yes, he's probably going to prison for it.

 

[Blues Man]

Daniel Penny’s legal defense strategy has been called into question by Harvard Law Professor Areva Martin.

According to Martin, anticipatory self-defense is not a valid legal defense and therefore cannot be used in Penny’s case.

This comes after Penny was charged with second-degree manslaughter in the death of Jordan Neely on a New York subway. Furthermore, Penny’s military background may not help his case. As a member of the military, Penny knows when a chokehold is deadly and therefore his argument that he was acting in self-defense may not hold up in court. This could actually work against him as the prosecution could use this information to their advantage.

Daniel Penny's Self-Defense Argument For Choking Jordan Neely Shot Down on CNN

"What's so disturbing, Brianna, is not only did Mr. Penny put Mr. Neely in this deadly chokehold, but he continued to hold him in this maneuver even after Mr. Neely stopped moving"

www.mediaite.com

The standard for self defense to be justified is that any reasonable person in the same situation would feel his life and bodily safety or the life and bodily safety of another was in imminent danger.

 

[PredFan]

Daniel Penny is a hero.

 

[Blues Man]

My problem with this case is that it takes a while to choke a person to death.

The threat was gone long before the man died.

 

[Conservative from Georgia]

The standard for self defense to be justified is that any reasonable person in the same situation would feel his life and bodily safety or the life and bodily safety of another was in imminent danger.

Does that standard mention physical force? Or deadly force.

 

[Blues Man]

Does that standard mention physical force? Or deadly force.

It only usually comes up in deadly force cases that actually end up in court. So it applies in this case since the man was charged and a jury will be deciding if his use of lethal force was justified.

 

[pknopp]

And this is a problem with liberals in general, that Conservatives rightly criticize us for.

No one is personally responsible.

This guy made his own decisions. Most of them bad.

He made the decision to join the military. He didn't make the decision to go off and kill people who never did a thing to us.

 

[JoeB131]

He made the decision to join the military. He didn't make the decision to go off and kill people who never did a thing to us.

Um, yeah, but that may well be part of the job, is something you know when you sign up for that.

Now, thankfully, I never had to kill anyone when I was in. (There were a couple of people I WANTED To kill, but they were on our side.. supposedly.) But at the end of the day, if he couldn't deal with it, it was on him to get help.