Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Trust me it's a tactic used by straphangers
You lightly push them just as the doors are about to close
So you're not doing it with all your strength
Also the point is to catch them off guard
Like I said I've seen it done plenty of times
Better then choking the dear life out of somebody
So if everyone does it it makes it legal? Catching someone off guard can still hurt them no? Especially if they fall and hit their head since they are off guard like you said. The old knock out game caught people off guard and seriously hurt them.
What if the person falls and gets hurt? Would you want them arrested ?
Weren’t there people who said they were threatened ?
Either way, I think people have gotten too used to morons acting out in subways. This one got stopped dead in his tracks! No big loss.
Quote:
Originally Posted by 94nasupra
Physical force is allowed if it’s imminent. Doesn’t matter about putting hands on someone first .If someone squares up with you your saying you can’t hit them unless they hit them first? What if they are in the process of swinging? Can you hit them first at that point?
Doesn’t apply here it seems obviously. We’ll see what happens with the evidence.
Is the choke hold considered deadly automatically? Reason I ask is what if it was one punch that resulted In the death here ? Does the punch turn to deadly force automatically?
anything you do , and as a result of causes death and shouldn’t have required deadly force is manslaughter , that is why it is not murder
that is the charge when someone is pushed , punched or choked and dies as an UNINTENDED CONSEQUENCE of your actions
So if everyone does it it makes it legal? Catching someone off guard can still hurt them no? Especially if they fall and hit their head since they are off guard like you said. The old knock out game caught people off guard and seriously hurt them.
What if the person falls and gets hurt? Would you want them arrested ?
They chances of someone falling hitting their head and dying in that scenario is incredibly remote. You are really really grasping at straws here. You can’t even begin to compare this to putting someone in a chokehold for 15 minutes.
I still don’t think this was Bernie Goetz type scenario where he got a gun specifically to shoot and kill someone next time he was in danger.
I don’t think the marine woke up that week and said I’m gonna kill someone on a subway.
I still don’t think this was Bernie Goetz type scenario where he got a gun specifically to shoot and kill someone next time he was in danger.
I don’t think the marine woke up that week and said I’m gonna kill someone on a subway.
which again , is why it’s a manslaughter charge and not a murder charge.
goetz lucked out as 6 of the 12 jurors were crime victims….
also after the goetz case terms used in article 35 were better spelled out and defined by higher courts
Last edited by mathjak107; 01-20-2024 at 04:29 AM..
anything you do , and as a result of causes death and shouldn’t have required deadly force is manslaughter , that is why it is not murder
that is the charge when someone is pushed , punched or choked and dies as an UNINTENDED CONSEQUENCE of your actions
That’s not true. Look at the Culpability part. Big difference between the unintended for recklessly and negligent. Especially for criminal negligent Homicide
Intentionally
Recklessly
Negligent
Knowingly
The question here is did he see the risk and disregard it ? Or did he not even see the risk. It’s for the courts to decide.
Manslaughter: The Unplanned Killing
Manslaughter is killing someone without any plan to do so, and usually with some form of provocation, through recklessness or negligence, or by accident.
Manslaughter charges are categorized as voluntary, involuntary, or vehicular.
Voluntary Manslaughter
Often called a “crime of passion,” voluntary manslaughter is willful but not premeditated. Although this sounds similar to second-degree murder, voluntary manslaughter involves some sort of provocation that leads the offender to take fatal action.
For example, if a person catches their partner in bed with someone else and immediately pulls out a gun, shoots, and kills one of them, it’s voluntary manslaughter. Another example is killing someone while driving recklessly with road rage after another driver does something dangerous.
Voluntary manslaughter is a lesser crime than murder but still considered a felony. Defendants may wind up with up to 11 years in prison.
Involuntary Manslaughter
Involuntary manslaughter is killing someone without malice, intention, or premeditation. While some might use the word “accident,” the reality is that even involuntary manslaughter usually involves recklessness, negligence, or disregard for human life.
Someone who commits involuntary manslaughter might do so as an unintended part of an illegal act, such as a minor drug offense. However, involuntary manslaughter can also happen during a careless, but legal, activity that comes with significant risk of bodily harm or death.
The penalty for involuntary manslaughter is two to four years in prison.
Is there a charge of voluntary manslaughter in New York? I don’t see it in the penal law. That law firm is across the country. Different states different terms. Big difference.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
