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In new york city. front page of the daily news. penny is a marine who faces this charge today. what s your sense of how this plays out? he says this man walked on the train, started threatening people, said i don t care if i live or die, and he felt like something bad was about to happen. he put him in the choke hold that ultimately killed him. here are a couple points i expect to see in the defense of this case. i think they could be successful. i think you might see an acquittal here. first, in new york, when it comes to self-defense, the state has to disprove self-defense beyond a reasonable doubt. what that means, a defendant in new york is not only presumed innocent, they re presumed justified when they use deadly force because the state has the burden to disprove it. in addition, the marine here can be mistaken in his use of force as long as he actually perceived a threat, and this may be tricky for him, the use of force was reasonable. there s always a reasonable element.
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