To Be A Coward
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@George-K said in To Be A Coward:
@Horace said in To Be A Coward:
Maybe Biden will pardon him.
He can't. Not a federal crime, I think.
No law can stop the Biden crime family.
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The police refused to administer CPR to the homeless man when they arrived and the man was still alive. Case closed.
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Check out the prosecutor. So on the nose.
Link to video
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That’s a dude, right?
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The judge has dropped count #1 (the more serious charge) and sent the jury back to deliberate on count #2 (some kind of "negligent homicide" thing). I'd guess there are one or two holdouts in the jury who want to convict the white man of something...anything.
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@George-K said in To Be A Coward:
The judge has dropped count #1 (the more serious charge) and sent the jury back to deliberate on count #2 (some kind of "negligent homicide" thing). I'd guess there are one or two holdouts in the jury who want to convict the white man of something...anything.
Could be the opposite? Most jurors were going to convict and 1-2 refused?
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Did the judge formally dismiss the count?
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@LuFins-Dad said in To Be A Coward:
Could be the opposite? Most jurors were going to convict and 1-2 refused?
OF course.
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I used to think there were prosecutorial standards that prevented multiple charges for the same crime. Like you couldn’t charge manslaughter while also charging murder 1. You picked the most likely conviction charge and went with that. Ancillary charges were allowed of course. Firearm escalators, coverups, and such…
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https://www.cnn.com/2024/12/06/us/daniel-penny-jordan-neely-trial-verdict/index.html
Neely, a 30-year-old street artist who struggled with homelessness, mental illness and drugs, had entered a New York City subway car on May 1, 2023, and began acting erratically. He threw down his jacket and yelled at passengers that he was hungry and thirsty and didn’t care whether he died, witnesses said.
The spin there is just magnificent. Imagine how ignorant and manipulable that journalist thinks her audience is. (I assume this journalist is a she.)
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"The judge overseeing the trial of Daniel Penny, the man accused of using a deadly chokehold on Jordan Neely last year on a New York City subway, dismissed a manslaughter charge in the case Friday after jurors said they were deadlocked.
The decision, which came at the request of prosecutors, means jurors will consider only the lesser charge of criminally negligent homicide. It carries a maximum sentence of up to four years. Jurors were not told that prosecutors made the request. Penny has pleaded not guilty.
The jurors — seven women and five men — will resume deliberations Monday. They twice sent a note to the judge Friday — one in the morning and another in the afternoon — saying they could not come to a unanimous decision on the top charge of manslaughter in the second degree. After the first note, Judge Maxwell Wiley ordered them to continue deliberating."
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@LuFins-Dad said in To Be A Coward:
I used to think there were prosecutorial standards that prevented multiple charges for the same crime. Like you couldn’t charge manslaughter while also charging murder 1. You picked the most likely conviction charge and went with that. Ancillary charges were allowed of course. Firearm escalators, coverups, and such…
It's surprising how many legal questions are still open to question, without precedent. In this case, apparently the prosecutor petitioning the judge to drop the most serious charge was novel and without precedent. That leads me to believe the multiple charges thing is also rare. That must be why there is so little precedent around it.
Shortly before the judge’s ruling, lead prosecutor Dafna Yoran had indicated her office would drop the second-degree manslaughter charge if the jury could move on to consider the lesser charge of criminally negligent homicide.
Defense attorney Thomas Kenniff objected to the motion, telling the judge he was unaware of any legal precedent for the prosecution’s proposal and called it “novel.”
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@George-K said in To Be A Coward:
"The judge overseeing the trial of Daniel Penny, the man accused of using a deadly chokehold on Jordan Neely last year on a New York City subway, dismissed a manslaughter charge in the case Friday after jurors said they were deadlocked.
The decision, which came at the request of prosecutors, means jurors will consider only the lesser charge of criminally negligent homicide. It carries a maximum sentence of up to four years. Jurors were not told that prosecutors made the request. Penny has pleaded not guilty.
The jurors — seven women and five men — will resume deliberations Monday. They twice sent a note to the judge Friday — one in the morning and another in the afternoon — saying they could not come to a unanimous decision on the top charge of manslaughter in the second degree. After the first note, Judge Maxwell Wiley ordered them to continue deliberating."
I hope one of the 12 is a sane person who somehow managed to squeak through jury selection.
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@Horace said in To Be A Coward:
@LuFins-Dad said in To Be A Coward:
I used to think there were prosecutorial standards that prevented multiple charges for the same crime. Like you couldn’t charge manslaughter while also charging murder 1. You picked the most likely conviction charge and went with that. Ancillary charges were allowed of course. Firearm escalators, coverups, and such…
It's surprising how many legal questions are still open to question, without precedent. In this case, apparently the prosecutor petitioning the judge to drop the most serious charge was novel and without precedent. That leads me to believe the multiple charges thing is also rare. That must be why there is so little precedent around it.
Shortly before the judge’s ruling, lead prosecutor Dafna Yoran had indicated her office would drop the second-degree manslaughter charge if the jury could move on to consider the lesser charge of criminally negligent homicide.
Defense attorney Thomas Kenniff objected to the motion, telling the judge he was unaware of any legal precedent for the prosecution’s proposal and called it “novel.”
It would seem to me that having multiple charges could lead to compromises that shouldn’t really happen when weighing individual charges.
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@Horace said in To Be A Coward:
That leads me to believe the multiple charges thing is also rare.
No, that's quite common.
The Karen Read trial which I've been following had three counts:
- Second degree murder by hitting someone with a car.
- Negligent homicide while DUI
- Leaving the scene of an accident.
Jury was hung, and trial rescheduled for Jan (or April).
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@LuFins-Dad said in To Be A Coward:
It would seem to me that having multiple charges could lead to compromises that shouldn’t really happen when weighing individual charges.
Though I agree, in principle, I can see someone saying "Well, he didn't murder him (which is a deliberate act) but he caused his death by being negligent."
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@LuFins-Dad said in To Be A Coward:
@Horace said in To Be A Coward:
@LuFins-Dad said in To Be A Coward:
I used to think there were prosecutorial standards that prevented multiple charges for the same crime. Like you couldn’t charge manslaughter while also charging murder 1. You picked the most likely conviction charge and went with that. Ancillary charges were allowed of course. Firearm escalators, coverups, and such…
It's surprising how many legal questions are still open to question, without precedent. In this case, apparently the prosecutor petitioning the judge to drop the most serious charge was novel and without precedent. That leads me to believe the multiple charges thing is also rare. That must be why there is so little precedent around it.
Shortly before the judge’s ruling, lead prosecutor Dafna Yoran had indicated her office would drop the second-degree manslaughter charge if the jury could move on to consider the lesser charge of criminally negligent homicide.
Defense attorney Thomas Kenniff objected to the motion, telling the judge he was unaware of any legal precedent for the prosecution’s proposal and called it “novel.”
It would seem to me that having multiple charges could lead to compromises that shouldn’t really happen when weighing individual charges.
Could see it both ways. Multiple charges could increase the severity of a jury's decision in some cases, and it could reduce severity in others. Unequivocally it will increase the prosecutor's conviction rate, overall. It will never turn a conviction on a single-charge, into a non-conviction for a double-charge.
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@George-K said in To Be A Coward:
@LuFins-Dad said in To Be A Coward:
It would seem to me that having multiple charges could lead to compromises that shouldn’t really happen when weighing individual charges.
Though I agree, in principle, I can see someone saying "Well, he didn't murder him (which is a deliberate act) but he caused his death by being negligent."
Then prosecute the negligent homicide charge. Offering up a second charge implies that they felt the first charge was more difficult to prove. Frankly, it’s an admission of innocence on the prosecution’s part.