Reply to Homeless Man Killed by Fellow Passenger on NYC Subway

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[quote=Anonymous][quote=Anonymous]Aren't there other non lethal means to restrain someone? Why a chokehold?  Should realize by now that people have died, unintentionally it would appear, due to law enforcement using chokeholds to restrain.[/quote]

“Non-lethal” is a misnomer marketing term. “Less lethal” is somewhat more accurate, but “less likely to be lethal” is probably the most accurate.

The “carotid” choke the Marine used is an extremely common technique in Judo, Brazilian Jiu Jitsu, Mixed Martial Arts and the like. Carotid chokes get applied all the time in those venues. Most people “tap out” but not everybody; some become unconscious.

Police chokeholds were long viewed as less likely to be lethal, particularly as compared to a person being clubbed, hit in the head with a blackjack, gang tackled and pummeled, or even shot. What helped bring them into disrepute was inadequately trained individuals applying them incorrectly, not knowing when to let go, or applying a “trachea” choke rather than a carotid one.

To assert lawful self defense or defense of others, the Marine will need to demonstrate that his actions met the relevant criteria under New York law. A great deal depends on whether a reasonable person would have thought that the individual who was choked represented a real, immediate risk of death or grievous bodily harm to the Marine or someone else. Unfortunately, none of the video published so far shows what led up to the Marine’s actions.  But no one is required to absorb the first (potentially fatal) attack before defending themselves. If the Marine can articulate the necessary predicate he should not be charged. If not, he certainly will be, and be in a very bad position.[/quote]

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