Reply to Homeless Man Killed by Fellow Passenger on NYC Subway

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[quote=Anonymous][quote=Anonymous]We don’t know the full story, but I’d be inclined to not charge the marine.

Firstly, What is the line between a nuisance and a threat? 
Throwing things in an enclosed space filled with people (vs, say, a basketball court) would to me be be an escalated, actionable threat.  There is a clear expectation of harm.

Secondly, can a regular citizen be expected/required to defend themselves and others in the LEAST harmful way to their attacker? I don’t think that’s a fair expectation.

We have seen cases of women being sexually assaulted on subway cars and multiple people choosing not to intervene.  If we increase the responsibility burden on people who do try to stop offenders, we will only see more such apathy. 
[/quote]

I agree with all of this.  The Marine was clearly trying to subdue the unhoused person without harming him - but I agree that his impulse wasn't necessary.  IMO, he would have been justified in using stronger force against the unhoused person to protect everyone on the train.  [/quote]

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