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

[pknopp]

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.

I don't know how one ever gets passed knowing you killed innocent humans.

 

[Burgermeister]

Of course it’s a thing. You don’t have to wait to be killed to act in self-defense.

 

[The Sage of Main Street]

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

Subhuman Beasts Lose All Human Rights

There's no victim in this case. Neely's actions put him outside the law's promise of life, liberty, and the pursuit of happiness. Marines didn't die for the freedom of anyone like that.

 

[WEATHER53]

Anticipation opportunity does exist. I do not have to wait to already be injured. A court or judge however may find flawed my anticipation but it’s Not unavailable to me as a defense

 

[DigitalDrifter]

I was trained to kill. Still haven't so far.

 

[JoeB131]

I don't know how one ever gets passed knowing you killed innocent humans.

If he was killing innocent civilians, that would have been a war crime.
If he was killing enemy combantants, that's war

 

[pknopp]

If he was killing innocent civilians, that would have been a war crime.
If he was killing enemy combantants, that's war

At worse they were people trying to protect their country from the invaders.

 

[The5thHorseman]

Liberals have a great way with words. "Stochastic" for instance. Liberal progressive gaslighting, by any other name...still smells like shit.

What, specifically, bothers you about "stochastic"?

 

[The5thHorseman]

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

You assert.

We explain.

 

[Missourian]

Fake News.

That's not the standard.

You don't have to wait for the attack.

The standard is "imminent threat of the application of unlawful force".

From Link...

New York has a "justification" statute that allows you to use physical force against another person to protect yourself from imminent harm. This means that if the reason that you injured the other person is because you were protecting yourself from him or her, then you may have a valid defense to an assault charge.

NY Penal Law § 120.05: Assault in the second Degree​

NY Penal Law § 120.05: Assault in the second Degree

Free Consultation - Our New York criminal lawyers have a combined 100+ years of legal and law enforcement experience. Our team includes former prosecutors from the District Attorney’s offices in New York City and Long Island, as well as law enforcement professionals. Stephen Bilkis & Associates...

criminaldefense.1800nynylaw.com

That means a physical attack is not required. Only the imminent threat of harm.