The Daniel Penny charge being thrown out is being held up as a victory. But what seems to be happening is that Penny is being positioned to be convicted of the lesser charge.
The more serious of the two charges (second degree manslaughter) was never tenable and should probably not even have been heard by the judge. Now it's being dismissed by the judge, at the request of the prosecutor, and against the protests of Penny's own legal team.
What's going on?
It was clear that the prosecution failed to prove Penny's actions were unjustified. If the greater charge was dismissed by the jury for this reason, then the lesser charge (negligent homicide) could not have been considered. This determination would have acquitted him of both charges. So the defense motioned for a mistrial. Rather than granting the mistrial, the judge dismissed the higher charge in order to allow prosecution to continue on the lesser charge.
Penny's lawyers pointed out that this has never been done before and that the judge's decision sets a precedent for overcharging, with the judge withdrawing charges one by one if the jury is hung, extending the trial needlessly and creating an incentive for juries to convict just to get it over with.
This is a really bad precedent.
Much as we should celebrate the vibe shift in the past few months, the vibe has not shifted everywhere. Certainly not in the legal system, which is structurally anti-white and needs to be cleaned out much more even than the government.
https://x.com/innercitypress/status/1865134513363308954
The more serious of the two charges (second degree manslaughter) was never tenable and should probably not even have been heard by the judge. Now it's being dismissed by the judge, at the request of the prosecutor, and against the protests of Penny's own legal team.
What's going on?
It was clear that the prosecution failed to prove Penny's actions were unjustified. If the greater charge was dismissed by the jury for this reason, then the lesser charge (negligent homicide) could not have been considered. This determination would have acquitted him of both charges. So the defense motioned for a mistrial. Rather than granting the mistrial, the judge dismissed the higher charge in order to allow prosecution to continue on the lesser charge.
Penny's lawyers pointed out that this has never been done before and that the judge's decision sets a precedent for overcharging, with the judge withdrawing charges one by one if the jury is hung, extending the trial needlessly and creating an incentive for juries to convict just to get it over with.
This is a really bad precedent.
Much as we should celebrate the vibe shift in the past few months, the vibe has not shifted everywhere. Certainly not in the legal system, which is structurally anti-white and needs to be cleaned out much more even than the government.
https://x.com/innercitypress/status/1865134513363308954