Popular on eTradeWire
- Pyrrhic Press Publishing Establishes Thought Leadership and Expands Global Influence Through PULSE - 169
- Women's Flag Football Coming to Cal Lutheran - 134
- Volusia Memorial Hosts First Annual Candlelight Service of Remembrance - 121
- Shoe Elegance Relaunches as an Online Boutique, Reviving Timeless Style and Sophistication - 117
- Choosing The Best Bed Bug Extermination Services ✨ - 111
- AI In Career Development: A Comprehensive Guide - 111
- Rising XR Startup Omnia shows off Virtual Showroom at Tesla Event - 109
- Seasonal holiday décor on display at Guadalupe Resale Shop - 107
- Naughty Nevada Band Launches a Bold New Website Design - 106
- UDC Faculty Named Fellows by Academy of International Business - 105
Similar on eTradeWire
- ACI's Advertising Claims Substantiation Forum to Host an Interview with FTC and NAD This February
- Innovative Computing Systems Mathew Mendel Embarks on Holiday Road Trip to Celebrate ALA Chapters
- PAG Law Named Among Most Admired Law Firms in the United States and Miami by Análise Advocacia 2025 Yearbook
- Artist Julian Raven Files Emergency Appeal to U.S. Supreme Court Over Prolonged Free Speech Case
- Snell & Wilmer Expands Office Space at New Reno Location
- Estate Planning Webinar for Families
- Breaking: Federal Court Says City Of Los Angeles Must Answer Homelessness Lawsuit
- Jesse J. Hogin Joins Snell & Wilmer as an Associate in the Las Vegas Office
- IP4Pros Launches Exclusive AI-Powered Patent Drafting Tool for Graduating Law Students
- Key Considerations for a Successful Workers' Compensation Settlement in Colorado
Jury Selected to Try Subway Good Samaritan Penny
eTradeWire News/10786199
Marine's Case Stronger Than Subway Shooter's, Says His Defender
WASHINGTON - eTradeWire -- A jury of seven women and five men, all of whom have had first-hand experience with someone acting erratically on the subway system, has been seated to decide the fate of a former marine who risked his own safety to protect other more vulnerable passengers from threats from a violent mentally unstable man, with a criminal record for violent assaults including several on the subway, He is charged in New York City with manslaughter and criminally negligent homicide.
But the law professor whose legal analysis (http://banzhaf.net/by/GoetzDefense.html) helped keep Subway Shooter Bernhard Goetz out of jail insists that the defendant, Daniel Penny, is a good samaritan and not a vigilante, and that he has an even stronger legal defense under the laws of New York; especially since, unlike Goetz, Penny risked his own safety to protect not himself but others.
More on eTradeWire News
Thus public interest law professor John Banzhaf, who has provided successful legal defenses in other similar situations - including the eerily similar case of Bernie Goetz, dubbed the "Subway Shooter" or the "Subway Vigilante" - maintains that Daniel Penny's legal case is stronger than the others in which the professor was been successful.
Penny is no vigilante, says Banzhaf. In contrast to other definitions of "vigilante," Penny was certainly not seeking to take the law into his own hands since the law of New York [§ 35.15], like the law of virtually all states, seeks to encourage citizens to go to the defense of others less capable of protecting themselves; an ancient legal privilege which has been expanded in many states over the past generation as the need for self help by private citizens has continued to become more evident.
To permit if not encourage individuals to go to the aid of their fellow citizens, the law permits them to use reasonable force not only against perceived threats of death or serious injury, but rather against any perceived threats of any use of "unlawful physical force."
More on eTradeWire News
A fair minded jury should not find to the contrary, especially not beyond a reasonable doubt, says Banzhaf, and jurors should certainly not seek to punish Penny for whatever failures there might be in governmental actions and inactions which permit violent mentally deranged criminals to regularly ride the subways.
And since many jurors ride the subway and are familiar with individuals who make even large men afraid of being assaulted, almost certainly at least one will and should refuse to vote "guilty" beyond a reasonable doubt - since a conviction would only further discourage even brave men from going to the aid of fellow passengers, says Banzhaf.
(202) 994-7229 // (703) 527-8418
But the law professor whose legal analysis (http://banzhaf.net/by/GoetzDefense.html) helped keep Subway Shooter Bernhard Goetz out of jail insists that the defendant, Daniel Penny, is a good samaritan and not a vigilante, and that he has an even stronger legal defense under the laws of New York; especially since, unlike Goetz, Penny risked his own safety to protect not himself but others.
More on eTradeWire News
- Advantage Chiropractic Provides Comprehensive Chiropractic Services in Coopersburg
- ACI's Advertising Claims Substantiation Forum to Host an Interview with FTC and NAD This February
- Relief from Mid Back Pain for Good is Possible at Macomb Township Chiropractic!
- Cysurance and ZirrusOne Announce Partnership to Address Communications Service Provider Cyber Risks
- GLCPS Sponsors Two Students to Attend Brown University Leadership Institute
Thus public interest law professor John Banzhaf, who has provided successful legal defenses in other similar situations - including the eerily similar case of Bernie Goetz, dubbed the "Subway Shooter" or the "Subway Vigilante" - maintains that Daniel Penny's legal case is stronger than the others in which the professor was been successful.
Penny is no vigilante, says Banzhaf. In contrast to other definitions of "vigilante," Penny was certainly not seeking to take the law into his own hands since the law of New York [§ 35.15], like the law of virtually all states, seeks to encourage citizens to go to the defense of others less capable of protecting themselves; an ancient legal privilege which has been expanded in many states over the past generation as the need for self help by private citizens has continued to become more evident.
To permit if not encourage individuals to go to the aid of their fellow citizens, the law permits them to use reasonable force not only against perceived threats of death or serious injury, but rather against any perceived threats of any use of "unlawful physical force."
More on eTradeWire News
- Canadian Institute Announced the Pathways to Access & Reimbursement Summit 2025
- Adullam Alabama Receives Generous Donation
- Jodie Blum Appointed Executive Director of Nonprofit Pay Away the Layaway
- ONI KAI NINJUTSU Opens Flagship Martial Arts Dojo in Pollock Pines, CA
- Starting the New Year Right: Break Free from Habits That Hold You Back
A fair minded jury should not find to the contrary, especially not beyond a reasonable doubt, says Banzhaf, and jurors should certainly not seek to punish Penny for whatever failures there might be in governmental actions and inactions which permit violent mentally deranged criminals to regularly ride the subways.
And since many jurors ride the subway and are familiar with individuals who make even large men afraid of being assaulted, almost certainly at least one will and should refuse to vote "guilty" beyond a reasonable doubt - since a conviction would only further discourage even brave men from going to the aid of fellow passengers, says Banzhaf.
(202) 994-7229 // (703) 527-8418
Source: Public Interest Law Professor John Banzhaf
Filed Under: Legal
0 Comments
Latest on eTradeWire News
- Hery Acosta's Latest Memoir - Eddie in the Rough
- Historic Turkish Diaspore Gemstone Hits the Market
- RevArt Presents "Color Currents"
- Step Back in Time This New Year's Eve with an Old Hollywood Extravaganza
- Labthink Instruments Further Scientific Research for Creating Environmentally Friendly Solutions
- ESPEC North America to Showcase Cutting-Edge Battery Test Chambers at the 2024 AABC
- "Educational Luminaries: Triumphing Over Systemic Hurdles" – The New #1 Best Selling Book
- Empresas Estadounidenses y Chilenas se unen para lanzar EMPRESARIAS 2.0 en Chile
- Ateme Integrates Advanced HDR by Technicolor into Kyrion, Elevating Live Content Quality with Dynamic HDR
- Berkshire Hathaway HomeServices FNR assists Family Support Services' Be an Angel Campaign
- New Leaf Derby Embraces Growth With Move To Kings Chambers
- SUN & STARS INT'L FILM FESTIVAL 2025 to Open on Jan 23 with LIZA at the Kravis Center
- Innovative Computing Systems Mathew Mendel Embarks on Holiday Road Trip to Celebrate ALA Chapters
- CUMIC Listed Among Forbes China Go-International Top 30 Brand
- Live a Long Rich Life: The Boom in Concierge Health for Family Offices and UHNWIs featuring CourMed
- HoverGrease 2 Kicks Off their Steam Wishlist Page with a Surprise Reveal Trailer
- Mid West Displays Completes Digital Display Rollout for SIF Roofing
- Amazon Executive Led CourMed to Become the Health & Wellness Provider for Private Clients
- Work 365 Now Available on Pax8 Marketplace, Empowering MSPs with Enhanced CSP Management
- IoTeX MachineFi Launch: Transforming IoT Blockchain with Real-World Use Cases and 200% ROI Growth