I guess the Subway riders will just have to make sure their estates are in order before they leave for work or return home. Otherwise, stop your Kitty Genovese stupid behavior and Learn to defend Yourself! What a bunch of Losers! I really hate New York City! It is so perverse!
Penny is innocent. An out of control person is dangerous. An attempt to restrain until police or other law enforcement can arrive is prudent. The fact that this poor deranged man died is sad, but I believe all the men who assisted with restraint were simply wanting to protect other vulnerable passengers on the subway.
@phil1517 If someone commits a crime, anyone who helps is an accessory at a mimimum. The passengers who help restrain Neely prevented him from fighting Penny off. Therefore, if Penny committed a crime, they they also committed a crime by assisting him.
I have already crossed out New York City as a place I ever want to visit. Have fond memories of the place; ran the marathon, my daughter lived there. Its over for me. Woke, dangerous, lawless.
Penny is innocent. The city is guilty of neglect. In my opinion, Daniel Penny is being scapegoated because Alvin Bragg failed to do his job. Many reports said Jordan Neely had been arrested 40 or more times. To my limited knowledge the pollice don't arrest someone unless committing they're committing a crime. So that tells me while the city FAILED to lock Neely up or place him in a hospital and off the subway where he could no longer be a threat to anyone, Penny was able to stop the threat. I trust the jury to make the right decision.
Wow Allen, all you described reminds me of Derek Chauvin’s case, which was nothing more than a Stalin show trial. That man would not of gotten a fair trial anywhere in the state on mn.. Watch the entire trial and tell me differently.
The Goetz decision was correct. I grew up in NY, rode the subway all the time, including to HS every day. One develops an awareness of who a danger is. It's necessary to survive. You don't have to know a person's criminal history in order to know you're in danger from a criminal
It would be absurd for Penny to take the witness stand. There is absolutely nothing to gain with that and he opens himself up to cross by the prosecution that may throw all kinds of stuff at him.
It is clear to me that Penny was acting to defend others in close quarters from a madman. Thus, he should not be charged or tried for any crime. The circumstances are tragic but hardly criminal.
Thank you to our host Professor Dershowitz for these important segments. We appreciate your experience and expertise. Actually, Israel uses human shields, too, when entering unfamiliar buildings in Gaza. It is called war and it is a survival tactic.
"I think when there is a plausible interpretation of the facts and the law that leads to innocence, you don't bring the case." --- Yes I agree. So much gamesmanship among prosecutors to win. It is antithetical to what our justice system should be. A hung jury to me means there is reasonable doubt.
Thank you always, your clarity is so informative! I enjoy watching your videos every day and passing them along to family and friends! God bless you and yours.
The defense of others law and the non-recklessness requirement conflict, and thus cannot legitimately co-exist. It may be impossible to defend others without being reckless.
1:1 is ridiculous. It is war. The most shocking thing I can NEVER unremember was a movie where the leaders played war where citizens were called to a terminating chamber, to be executed by their own government. No bombs or bullets are fired between the warring countries per treaty.
Penny may not have known to an evidentiary certainty that Penny was dangerous, but his own past experiences may have equipped him with a reliable sense of which “crazies” are liable to become violent. Since the decedent’s past history will be excluded as prejudicial, the jury will never be able to employ this possibility as grounds for reasonable doubt. Penny is probably cooked.
Absolutely not they was a threat to others and clearly he was in the right to protect not just himself but others in danger.How many have to be harmed waiting for authorities before it becomes ok to be the hero?
Your mother, I think, was right. I remain as impressed by your calm, concise, and compelling reasonableness as when I first saw you on 60 Minutes back in. . . Was it the 70s already?
In the Neely case, I wonder if the judge will allow data pertaining to the volume of crimes upon people that had occurred at that time in and around the NYC subway. Anyone on board must have known of the potential dangers and would naturally be prepared to react.
I thought he had died in the hospital. By the way, does the duration of homelessness matter? The fact that he was homeless implies that he was weak. If he just recently became homeless maybe he wasn’t so weak. Maybe he’s not such a sympathetic character
The Penny case isn't open & shut. Penny had a right to intervene - the guys actions were physically threatening therefore it was assault. But was the force too much ? Not proportional ? Also the cause of death ?
Everyone knows this is an example of some persons have had enough and the (paid) authorities refuse to act. That leaves the affected subway riders to self help
You're a very smart man time to sign up as a Republican. You're a Democratic party has left you long ago. The things you care about are the things that Republicans care about. Your defense of the Constitution is fantastic
Professor Dershowitz, good background and legal explanation of the subway violence. Someone died.im sorry, but this is Bernard Goetz without a racial component.
Don't underestimate the power of the NYC D.A.'s Office to vigorously prosecute an innocent person for political person. If Penny was black this case would NEVER have seen the inside of a courtroom, and everybody knows it.
Is there international human right concept that would consider not allowing women and children take shelter inside the vast tunnel network as a war crime
Everyone knows how easy it is for people to get on the train without paying. Doesn’t the MTA have a duty to protect commuters? If they know it’s easy to get around paying don’t they have a duty to at the very least taxpayers? If a person didn’t pay to get on the train does that weigh in on the case? I don’t know one way or the other who paid or not I’m just curious as to if trespassing weighs in or holds any weight on a case like this.
Alan, your lighting sucks. When you sit back in your chair, the white light on the side washes out the color of your face. When you lean forward, the soft white bulb above you gives your face a normal warm hue. I will watch you no matter which light bulbs you settle on, but you do look healthier under a soft or warm light color.
'Peace' between Palestinians (whoever they are) and Israelis is impossible. The Professor will never come out strong for Trump. Please give up on these two chimeric notions, and thank you.
@@ryleighloughty3307 I had to look up "chimeric." That was a good one! I hear you. He will not come out strong for Trump, agree. That being said he is so close to saying something that will have impact it is hard to watch. He knows Trump is better for Israel, speech and most else he holds dear. I think it is his wife holding him back. I met the professor two months ago in Alaska, he intimated as much.
Three minutes into the chokehold, Neely went limp. The next three minutes he displayed ‘twitching and the kind of agonal movement you see around death”. During the chokehold, some bystanders gave warnings on Neely's health, with one telling Penny, "You're gonna kill him now". Neely lost control of his bowels as his life slipped away, which was noticeable to bystanders. Penny was too busy being a hero to worry about the human he was killing. Many of the comments justify homelessness and mental illness as a reason to kill a fellow human. Just like Nazis believed certain people were sub-humans and deserved to be exterminated.
So your saying Neely had the constitutional right to attack those innocent, hard working , law abiding citizens . When you don’t know the difference between “wrong or right” in the world you’ll suffer the consequences of your actions. If Neely would of done what every moral citizen in the world does by respecting each other, we wouldn’t be having this conversation.!!!!!!!!!!!
Dear professor, Could you help resolve the puzzle: With all the negatives you yourself state about Kamala, you are supposedly still "umdecided".(though, I, for one, am pretty sure that you will vote for her). My wife thinks that you are afraid of further ostracism by friends snd family. I think that you want her to invite you for a private conversation a la Obama, so you could say that she answered your questions to your satisfaction. SO: which one of us is right? Thank you, TF.
I think Netanyahu should start the reconstruction of northern Gaza to resettle the people under the supervision of the Israeli government. This will build good will and trust with the Gazans before handing them back to the PLA. Israel also need to get the UN to fund some of the reconstruction including the deprogram of the hateful Palestinian ideologies by working with Palestinians who support the Israeli work.
I believe that Penny should be convicted. He could have subdued the man another way yet he chose to put him in a chockhold without any regard to his life. He didn't have to do that.
Not political? I can’t get my head around using a choke once the tables had turned, and that was early. Three bigger men, Neely on the ground with one, and the danger abated. The other two didn’t have to barely get involved, because the marine had that crazy deathly choke hold on. One that can cause stroke, crushed windpipe, for a few. And then to still not let go when he went limp? You can hear onlookers concerned with that choke hold and death. And finally….penny refused to let an onlooker help Neely as he died in the recovery position. No water to forehead. He stopped it. I really think any other person of the three holding him down, and Neely lives. Tragic and preventable. Choke holds are lethal.
Penny is innocent.
If NYC was not so woke, this guy would be serving a long prison sentence for striking an elderly lady, not dead by marine.
Trump should clear out the State Department. Clean house.
I guess the Subway riders will just have to make sure their estates are in order before they leave for work or return home. Otherwise, stop your Kitty Genovese stupid behavior and Learn to defend Yourself! What a bunch of Losers! I really hate New York City! It is so perverse!
Penny is innocent. An out of control person is dangerous. An attempt to restrain until police or other law enforcement can arrive is prudent. The fact that this poor deranged man died is sad, but I believe all the men who assisted with restraint were simply wanting to protect other vulnerable passengers on the subway.
Penny killed someone who never physically harmed anyone and had no weapon. He has to be prosecuted.
@phil1517
If you really believe that, then call for the prosecution of those who helped him restrain the guy. The charges would be the same.
@THall-vi8cp --- only Penny caused his death by chocking him. Not allowed to kill someone just because they were yelling some stuff that offended you.
@phil1517
If someone commits a crime, anyone who helps is an accessory at a mimimum. The passengers who help restrain Neely prevented him from fighting Penny off. Therefore, if Penny committed a crime, they they also committed a crime by assisting him.
Penny is a hero 💪 If I was ever in that situation I wish there would be courageous people around me to help.
New York law is pretty evil isn't it though?🤔
1000%
Absolutely. At least he didn't just film this deranged man like many New Yorkers do.
New York is going to continue to get what it asks for.
Innocent! 💯
Hopefully there will be be one decent and reasonable person on the jury who will vote not guilty
Such people don't exist in NYC.
Ditto
I'm thinking that any subway rider on the jury would vote to acquit.
My uncle was on the Goetz jury, he was found guilty for the unregistered gun only, proper verdict.
Old NY
Former Marine. Not “ex”
I have already crossed out New York City as a place I ever want to visit. Have fond memories of the place; ran the marathon, my daughter lived there. Its over for me. Woke, dangerous, lawless.
Ditto
Agreed, Vice President Harris's position on Isreal is a disqualifer.
Penny is innocent. The city is guilty of neglect. In my opinion, Daniel Penny is being scapegoated because Alvin Bragg failed to do his job. Many reports said Jordan Neely had been arrested 40 or more times. To my limited knowledge the pollice don't arrest someone unless committing they're committing a crime. So that tells me while the city FAILED to lock Neely up or place him in a hospital and off the subway where he could no longer be a threat to anyone, Penny was able to stop the threat. I trust the jury to make the right decision.
With No Police Normal people need to step in.
Wow Allen, all you described reminds me of Derek Chauvin’s case, which was nothing more than a Stalin show trial. That man would not of gotten a fair trial anywhere in the state on mn.. Watch the entire trial and tell me differently.
“Dangerous chokehold”?? The Marine training division on this hold, say it is not dangerous.
Since it killed the victim, the chokehold is obviously dangerous, lol.
When a guy like that gets on a train, you may not have his written criminal record, but you know.
Difficult case for the jury? Would be easy to me.
The Goetz decision was correct. I grew up in NY, rode the subway all the time, including to HS every day. One develops an awareness of who a danger is. It's necessary to survive. You don't have to know a person's criminal history in order to know you're in danger from a criminal
I would recommend noone take the subway. Noone will come to your rescue if attacked.
Smart money has been leaving NYC for years
How are they gonna get around?
You left out that he was threatening to kill everyone....innocent
Thank you for sharing your generous posts for these times.
Why can't the jury ask for the past criminal record of Neely? All evidence is prejudicial being either good or bad.
It’s inadmissible.
The law SUPPRESSES information relevant to cases frequently
Sorry, have to nitpick. There’s no such thing as an ex-marine. Penny is and will always be a marine. And I agree that this trial is nonsensical.
If he says “ my military experience convinced me he was going to attack us”
Innocent 💯.
I wonder if Penny were black what would happen?
Wonder if Penny had a dress on and played in women’s sports what the outcome of all this would be?
One of the mn who who helped him restrain Neely was black and hasn't been charged. Take from that what you will.
@THall-vi8cp He is black. So, there are no charges.
It would be absurd for Penny to take the witness stand. There is absolutely nothing to gain with that and he opens himself up to cross by the prosecution that may throw all kinds of stuff at him.
sympathy from the jury?
It is clear to me that Penny was acting to defend others in close quarters from a madman. Thus, he should not be charged or tried for any crime. The circumstances are tragic but hardly criminal.
Penny killed an unarmed man who harmed nobody. He had to be prosecuted.
NEVER be a Good Samaritan. Self defense only. That is what the law wants
Thank you to our host Professor Dershowitz for these important segments. We appreciate your experience and expertise. Actually, Israel uses human shields, too, when entering unfamiliar buildings in Gaza. It is called war and it is a survival tactic.
Likely leaked to B.H.O., then leaked by B.H.O. to his Iranian brothers.
This is what is wrong with America! Lawyers!
"I think when there is a plausible interpretation of the facts and the law that leads to innocence, you don't bring the case." --- Yes I agree. So much gamesmanship among prosecutors to win. It is antithetical to what our justice system should be. A hung jury to me means there is reasonable doubt.
Allen, I have a real question reference the Penny case. Are the two other men that were also restraining Neely being charged for any criminal act?
About the posecution:I agree with you because the jury and the judge won't know that this man has already committed other violent acts.
Thank you always, your clarity is so informative! I enjoy watching your videos every day and passing them along to family and friends! God bless you and yours.
Regarding hung juries, from the Canadian band Rush, "If you choose not to decide, you still have made a choice"
Agree that marginal cases shouldn't be brought. It costs the defendant hundred of thousands and many months.
The defense of others law and the non-recklessness requirement conflict, and thus cannot legitimately co-exist. It may be impossible to defend others without being reckless.
HagSameach Le Simchat Torach.Thanking for your contribution to the.Truth.👏
Great video. I believe Penny is innocent and will be found not guilty. Thank You, Ric
Save Penny
1:1 is ridiculous. It is war. The most shocking thing I can NEVER unremember was a movie where the leaders played war where citizens were called to a terminating chamber, to be executed by their own government. No bombs or bullets are fired between the warring countries per treaty.
Penny should be freed. He was a good Samaritan. It was unfortunate for the young man.
Will the MSM cover this story? Doubtful.
Absolutely they will. A blue eyed, white former marine? Get ready for Sharpten to be on 24/7 during the trial.
Why don’t you defend Penny? He’s not OJ.
Penny may not have known to an evidentiary certainty that Penny was dangerous, but his own past experiences may have equipped him with a reliable sense of which “crazies” are liable to become violent. Since the decedent’s past history will be excluded as prejudicial, the jury will never be able to employ this possibility as grounds for reasonable doubt. Penny is probably cooked.
Dersh is a great defender of the weak and the underdog--Except if they are unborn.
Absolutely not they was a threat to others and clearly he was in the right to protect not just himself but others in danger.How many have to be harmed waiting for authorities before it becomes ok to be the hero?
Your mother, I think, was right. I remain as impressed by your calm, concise, and compelling reasonableness as when I first saw you on 60 Minutes back in. . . Was it the 70s already?
NO!!!!
In the Neely case, I wonder if the judge will allow data pertaining to the volume of crimes upon people that had occurred at that time in and around the NYC subway. Anyone on board must have known of the potential dangers and would naturally be prepared to react.
Evidently they guessed that he would likely enough get violent. Is a good guess enough? We'll find out.
Konstantin Kisin today cited a figure of 9:1 as the typical ratio of collateral to combatant deaths in an urban warfare scenario.
I thought he had died in the hospital. By the way, does the duration of homelessness matter? The fact that he was homeless implies that he was weak. If he just recently became homeless maybe he wasn’t so weak. Maybe he’s not such a sympathetic character
I'm just going to drop this here. If this former Marine is convicted, the shit is going to hit the fan in this city. Hard.
The Penny case isn't open & shut. Penny had a right to intervene - the guys actions were physically threatening therefore it was assault. But was the force too much ? Not proportional ? Also the cause of death ?
Everyone knows this is an example of some persons have had enough and the (paid) authorities refuse to act. That leaves the affected subway riders to self help
You're a very smart man time to sign up as a Republican. You're a Democratic party has left you long ago. The things you care about are the things that Republicans care about. Your defense of the Constitution is fantastic
Leave NY when you can.
Professor, please go back to a newsletter format.
Professor Dershowitz, good background and legal explanation of the subway violence. Someone died.im sorry, but this is Bernard Goetz without a racial component.
Don't underestimate the power of the NYC D.A.'s Office to vigorously prosecute an innocent person for political person. If Penny was black this case would NEVER have seen the inside of a courtroom, and everybody knows it.
We are sick of KH ads popping up on the site.
Is there international human right concept that would consider not allowing women and children take shelter inside the vast tunnel network as a war crime
Everyone knows how easy it is for people to get on the train without paying. Doesn’t the MTA have a duty to protect commuters? If they know it’s easy to get around paying don’t they have a duty to at the very least taxpayers? If a person didn’t pay to get on the train does that weigh in on the case? I don’t know one way or the other who paid or not I’m just curious as to if trespassing weighs in or holds any weight on a case like this.
Innocent.
I thought he had died in the hospital
Penny is innocent so he will be convicted. After all it’s NY
👍👍
Alan, your lighting sucks. When you sit back in your chair, the white light on the side washes out the color of your face. When you lean forward, the soft white bulb above you gives your face a normal warm hue. I will watch you no matter which light bulbs you settle on, but you do look healthier under a soft or warm light color.
Jill Stein is on your “team?” When are you coming out strong for Trump and peace in the Middle East?
'Peace' between Palestinians (whoever they are) and Israelis is impossible.
The Professor will never come out strong for Trump.
Please give up on these two chimeric notions, and thank you.
@@ryleighloughty3307 I had to look up "chimeric." That was a good one! I hear you. He will not come out strong for Trump, agree. That being said he is so close to saying something that will have impact it is hard to watch. He knows Trump is better for Israel, speech and most else he holds dear. I think it is his wife holding him back. I met the professor two months ago in Alaska, he intimated as much.
Three minutes into the chokehold, Neely went limp. The next three minutes he displayed ‘twitching and the kind of agonal movement you see around death”. During the chokehold, some bystanders gave warnings on Neely's health, with one telling Penny, "You're gonna kill him now". Neely lost control of his bowels as his life slipped away, which was noticeable to bystanders. Penny was too busy being a hero to worry about the human he was killing. Many of the comments justify homelessness and mental illness as a reason to kill a fellow human. Just like Nazis believed certain people were sub-humans and deserved to be exterminated.
So your saying Neely had the constitutional right to attack those innocent, hard working , law abiding citizens . When you don’t know the difference between “wrong or right” in the world you’ll suffer the consequences of your actions. If Neely would of done what every moral citizen in the world does by respecting each other, we wouldn’t be having this conversation.!!!!!!!!!!!
Dear professor,
Could you help resolve the puzzle:
With all the negatives you yourself state about Kamala, you are supposedly still "umdecided".(though, I, for one, am pretty sure that you will vote for her).
My wife thinks that you are afraid of further ostracism by friends snd family.
I think that you want her to invite you for a private conversation a la Obama, so you could say that she answered your questions to your satisfaction.
SO: which one of us is right?
Thank you,
TF.
Simwas😂
paganini caprice is such a banger
This old talk so much about Israel
Stop it already
How about a STATE for PALESTINE
I think Netanyahu should start the reconstruction of northern Gaza to resettle the people under the supervision of the Israeli government. This will build good will and trust with the Gazans before handing them back to the PLA. Israel also need to get the UN to fund some of the reconstruction including the deprogram of the hateful Palestinian ideologies by working with Palestinians who support the Israeli work.
Tell us about Israeli massacres in history
I believe that Penny should be convicted.
He could have subdued the man another way yet he chose to put him in a chockhold without any regard to his life.
He didn't have to do that.
Not political? I can’t get my head around using a choke once the tables had turned, and that was early. Three bigger men, Neely on the ground with one, and the danger abated. The other two didn’t have to barely get involved, because the marine had that crazy deathly choke hold on. One that can cause stroke, crushed windpipe, for a few. And then to still not let go when he went limp? You can hear onlookers concerned with that choke hold and death. And finally….penny refused to let an onlooker help Neely as he died in the recovery position. No water to forehead. He stopped it. I really think any other person of the three holding him down, and Neely lives. Tragic and preventable. Choke holds are lethal.
Your facts are wrong, and your reasoning is idiotic.
@@lycomania what part is wrong. Check wiki.
If you were a passenger on the train I don’t think you would feel the same way.
@@cdrone4066Thankfully the defense will have lots of witnesses on that train testify.