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We live in a time when heroes are vilified and villains are praised. It is time to show our support for heroes like Daniel and take back our country from these villains bent on destroying our nation
Sad but true, especially in NYC. Most ridiculed us years ago for saying this would be the result of DeBlasio’s blathering, but step by step, here we are.
I intentionally waited a while before chiming in on this story. Tragically, a man lost his life, though there was zero evidence that his race had anything to do with it, contentions (again, without evidence) by some racist agitators to the contrary notwithstanding. I'm particularly sensitive to this story as I have family members with severe mental illness who do like to walk the streets, though thankfully they keep to themselves when doing so.
That said, how I feel on the matter and on Penny's guilt or innocence will come down to what happened before the video started rolling as the video may not be that instructive. I keep hearing that Nealy never physically attacked anyone. If this is the extent of things , then I would agree with some criminal charge. Indeed, many of us have been out in public with unhinged members of society who shout obscenities as passersby, but that doesn't give one the right to strike such unhinged individuals.
But not physically attacking anyone does not tell me whether Nealy lunged at or otherwise indicated that he was imminently about to physically attack straphangers on that car, which would enable someone like Penny to use appropriate physical force in either defense of himself or others. I'm not saying this is what happened, just that it could be something that gave Penny ultimate legal authority to use the force that he did. I also note that others were involved in restraining Nealy.
Despite someone (and the Nealy family attorney apparently subsequently uttering such) that day claiming that the chokehold restraint lasted for 15 minutes, I find such a claim to be dubious.
The BBC provided the following analysis on success of charges:
Quote:
Manhattan prosecutor Alvin Bragg is confident enough that he can win a conviction that he opted to file charges directly, rather than punting the controversial decision to a grand jury, which can be used to determine whether there is enough evidence to pursue a prosecution.
There has been a growing awareness of the danger of chokeholds after the 2014 death of Eric Garner, an unarmed man from New York City restrained by the neck by police.
And after the death of George Floyd in 2020, New York legislators increased penalties for officers who use chokeholds during arrest.
But Jeffrey Lichtman, a New York defence attorney who has previously represented drug lord El Chapo and accused mobster John Gotti Jr, says prosecutors will fail to win their case against Daniel Penny because the state must prove that the accused knew his actions could kill.
Mr Penny, he says, was selflessly risking his life to protect fellow passengers, and witnesses have said they did not expect the tussle on the subway floor to end in death.
"It's not like he snuck up behind him and hit him over the head with a brick or a bat," he says, adding that at any point Mr Neely could have submitted and ended the struggle.
We'll see what any trial brings to light. Regardless, I hope that local politicians (they won't, but I still hope) use this tragedy to finally change their misguided approach to criminal justice reform. Looking at Nealy's rap sheet, which includes incidents of serious physical violence against others, it begs the question of why he was free walking the streets.
I intentionally waited a while before chiming in on this story. Tragically, a man lost his life, though there was zero evidence that his race had anything to do with it, contentions (again, without evidence) by some racist agitators to the contrary notwithstanding. I'm particularly sensitive to this story as I have family members with severe mental illness who do like to walk the streets, though thankfully they keep to themselves when doing so.
That said, how I feel on the matter and on Penny's guilt or innocence will come down to what happened before the video started rolling as the video may not be that instructive. I keep hearing that Nealy never physically attacked anyone. If this is the extent of things , then I would agree with some criminal charge. Indeed, many of us have been out in public with unhinged members of society who shout obscenities as passersby, but that doesn't give one the right to strike such unhinged individuals.
But not physically attacking anyone does not tell me whether Nealy lunged at or otherwise indicated that he was imminently about to physically attack straphangers on that car, which would enable someone like Penny to use appropriate physical force in either defense of himself or others. I'm not saying this is what happened, just that it could be something that gave Penny ultimate legal authority to use the force that he did. I also note that others were involved in restraining Nealy.
Despite someone (and the Nealy family attorney apparently subsequently uttering such) that day claiming that the chokehold restraint lasted for 15 minutes, I find such a claim to be dubious.
The BBC provided the following analysis on success of charges:
We'll see what any trial brings to light. Regardless, I hope that local politicians (it won't, but I still hope) use this tragedy to finally change their misguided approach to criminal justice reform. Looking at Nealy's rap sheet, which includes incidents of serious physical violence against others, it begs the question of why he was free walking the streets.
Lock everyone up, build more prisons, pay more corrections officers pensions, more utilities spent to run new prisons
Lol
__________________
"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
Lock everyone up, build more prisons, pay more corrections officers pensions, more utilities spent to run new prisons
Lol
So you think someone like Nealy, who violently attacked a female senior citizen less than two years ago--resulting in her breaking her nose, fracturing her orbital bone and suffering other serious injuries--should be free on the streets?
That's no criminal justice system I want any part of.
So you think someone like Nealy, who violently attacked a female senior citizen less than two years ago--resulting in her breaking her nose, fracturing her orbital bone and suffering other serious injuries--should be free on the streets?
That's no criminal justice system I want any part of.
No, I’m with you
Lock everyone up
Hire more judges and court officers and office staff
And corrections officers
Pay all of their pensions
Build more prisons
Hire more construction workers to build them
Pay them too
Hire more plumbers to build the water/waste lines
Pay them too
__________________
"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
No, I’m with you
Lock everyone up
Hire more judges and court officers and office staff
And corrections officers
Pay all of their pensions
Build more prisons
Hire more construction workers to build them
Pay them too
Hire more plumbers to build the water/waste lines
Pay them too
Somehow we managed just fine just a few administrations ago. And plenty of room in prisons today; prison population continues to decrease, despite no cuts in judges, court officers, office staff, or pay, which has also resulted in reduced healthcare costs for inmates. In fact, prison population in NYS has declined by more than half between 2008-2021, so no need to build anything: https://www.osc.state.ny.us/press/re...s-keeps-rising. Correction officer counts have not decreased at a proportionate rate, so there are still more than enough officers to get the job done. Just have prosecutors and other elected officials actually use what we have for the purpose that they were built for Fundamentally, much of the alarm over costs associated with incarceration are nonsensical as the bulk of the costs are sunk costs that will be the same whether there are 50,000 prisoners or 100,000 prisoners; salaries on prison staff, building maintenance, etc.
Ironically, using the "math" that many use to support de-incarceration efforts, the cost of incarceration per prisoner is actually significantly higher with fewer prisoners as there are less people to divide into the sunk cost expenses. This point is illustrated in NYC's jails perfectly from this article:
Quote:
The cost of incarceration per person in New York City rose to an all-time high in Fiscal Year (FY) 2021, according to a new analysis of the Department of Correction (DOC) released today by New York City Comptroller Scott M. Stringer. The City now spends $556,539 to incarcerate one person for a full year, or $1,525 per day – nearly quadrupling since FY 2011. As identified in previous analyses by the Comptroller’s Office, rates of violent incidents continue to rise: despite a 15% decline in the average daily population, the absolute number of fight and assault infractions rose slightly from 11,191 in FY 2020 to 11,214 in FY 2021.
For state prisons, in 2015, it cost just over $69,000 a year to incarcerate an inmate in NYS, a figure that increased to $115,000 per prisoner per year in 2019 (again, based on the simple math and realities I described above).
Quote:
[In 2015,] Among the 45 states that provided data (representing 1.29 million of the 1.33 million total people incarcerated in all 50 state prison systems), the total cost per inmate averaged $33,274 and ranged from a low of $14,780 in Alabama to a high of $69,355 in New York
Quote:
In 2019, a typical New York county outside of New York City spent more than $225 to keep a single person in jail for one night, or more than $82,000 per year. In state prisons, New York spends an average of over $315 a day, or nearly $115,000 per year, to incarcerate one person.
Somehow we managed just fine just a few administrations ago. And plenty of room in prisons today; prison population continues to decrease, despite no cuts in judges, court officers, office staff, or pay, which has also resulted in reduced healthcare costs for inmates. In fact, prison population in NYS has declined by more than half between 2008-2021, so no need to build anything: https://www.osc.state.ny.us/press/re...s-keeps-rising. Correction officer counts have not decreased at a proportionate rate, so there are still more than enough officers to get the job done. Just have prosecutors and other elected officials actually use what we have for the purpose that they were built for Fundamentally, much of the alarm over costs associated with incarceration are nonsensical as the bulk of the costs are sunk costs that will be the same whether there are 50,000 prisoners or 100,000 prisoners; salaries on prison staff, building maintenance, etc.
Ironically, using the "math" that many use to support de-incarceration efforts, the cost of incarceration per prisoner is actually significantly higher with fewer prisoners as there are less people to divide into the sunk cost expenses. This point is illustrated in NYC's jails perfectly from this article:
For state prisons, in 2015, it cost just over $69,000 a year to incarcerate an inmate in NYS, a figure that increased to $115,000 per prisoner per year in 2019 (again, based on the simple math and realities I described above).
Again, no need to increase, build, or spend more money on anything
So I guess all those stories about Rikers being overcrowded and NYCDOCS being understaffed is baloney? You sending people up north for misdemeanors? There’s levels to this my friend. Why did Kalief Browder have to wait 3 years for trial? Efficiency?
Furthermore, the deceased already had a warrant out for his arrest. So law enforcement was obviously aware, all they needed to do was pick him up.
__________________
"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
So I guess all those stories about Rikers being overcrowded and NYCDOCS being understaffed is baloney? You sending people up north for misdemeanors? There’s levels to this my friend. Why did Kalief Browder have to wait 3 years for trial? Efficiency?
Furthermore, the deceased already had a warrant out for his arrest. So law enforcement was obviously aware, all they needed to do was pick him up.
I provided hard numbers for you from nonpartisan sources. NYS's prison population has clearly been reduced by more than 50% over the last decade. NYC's jail population has also been significantly reduced over time. Thus, even if the argument is that jails and prisons were overcrowded at one point, they are far less packed than they once were. And if we were able to make ends meet with more than twice the population as currently, then there's no need to build new facilities, etc.
But, yes, in some cases I will pointedly say that some reports are baloney. Take a look at this gem pushing back against cries that the city's correctional department is understaffed (more like mismanaged):
Quote:
The agency also has “an unusually large number of staff working in the facilities despite some markers that could suggest understaffing,” states the 342-page report released Tuesday by a federal monitoring team tasked with jail oversight.
. . .
“This is an overstaffed department that is operating like an understaffed department,” said Simpson. “It would be serious error for the city to increase a [staffing] ratio that already results in dangerous, persistent inefficiencies. The city must instead follow through on a full, independent staffing audit of the department, and then bring in new leadership at all levels to actually implement the recommendations of that audit.”
Note, Kayla Simpson, is a staff lawyer at the Prisoners’ Rights Project at the Legal Aid Society
Neely did have a warrant for his arrest, but why should police spend resources to arrest people like Neely if he's just going to be put right back out on the street due in part to the asinine laws now on the books? Until these laws are drastically modified or repealed, police are better served going after those crimes where arrests will actually make a difference. Case in point, Neely was free after violently assaulting a senior citizen less than two years ago, leaving the senior with broken bones, etc. That's appalling and he should not have been allowed to roam among the rest of society in light of his violence; in my view, he forfeit that right, but the criminal system post-insane "reform" clearly disagreed.
Also, Kalief Browder's situation is not the norm or anything close to being the norm; not even the city's most vocal opponents to Rikers have tried to make such a claim.
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