Ethics Case: The Chokehold Death

Introduction

The Daniel Penny trial is a big ethical dilemma for the city of New York; for the prosecution Penny represents unchecked aggression and tyranny; for the defense Penny is a public hero who was trying to protect others from a crazed subway rider. The case is ethically complicated by questions of self-defense, public safety, racism, and criminal liability. Penny is a former Marine who was charged with manslaughter after the death of Jordan Neely, a homeless man who, it turns out, died in police custodyalthough the prosecution has framed the death as coming at the hands of Penny. Overall, this case calls into question the ethics of city prosecutors and media outlets who are quick to point the finger when they see it as a racial win for themselves and slow to pull the trigger when those committing crimes are minorities or immigrants. Where exactly are the ethical boundaries of this kind of response to racialized justice? What does it say about citizen intervention in threatening situations and what should be the accountability of public systems in preventing such tragedies? How should a person in Pennys situation be treated? The dilemma here is that in racialized justice, people struggle to keep an ethically balanced view.

Facts Leading Up to the Dilemma

Jordan Neely is frequently described in the media as being known for his Michael Jackson impersonations. However, another big aspect of him was that he had a history of mental health issues and prior arrests. Media outlets tend to describe Neely in sympathetic terms as though he were a much beloved homeless man. The reality, however, is that on May 1, 2023, Neely showed aggressive, hostile, frightening, and erratic and threatening behavior on a crowded subway car. Passengers were clearly distressed based on eye witness reports (Kochman et al., 2024). Neely is reported to have been shouting angrily about his lack of food and readiness to die. Passengers were alarmed, and Penny who had military training, intervened. He restrained Neely using a chokehold, and was then assisted by two other passengers. He put Neely out as per the basics of his trainingwhich means he put him to...

Neely lost consciousness. Later, under police custody, Neely diedperhaps from drugs in his system, since at the scene police administered an anti-overdose medication.

Nonetheless, the medical examiner ruled Neelys death a homicide caused by compression of the neck. This ruling itself is highly questionable due to the fact that Neely was not dead when police arrived on the scene. Police also did not attempt CPR because of fear of disease (Kochman et al., 2024). Expert testimony at the trial also called into question the justification of the medical examiners reporting saying that the evidence does not indicate death from chokehold (Crane-Newman, 2024). Regardless, Penny was later arrested and charged as a media frenzy built up a case against him, a white man, putting a chokehold on a black man. Penny gave a statement to police that he acted to protect others. However, critics quickly argued that his actions were excessive and likened him to Derek Chauvin who arrested George Floyd, who died with fentanyl in his system. Public discourse split sharply,...

…Policymakers should pass legislation to protect those who step in to help as well as legislation to help those who are homeless and have mental problems. Preventing similar situations in the future means that people need to look deeply to see what is causing this type of confrontation in the first place rather than simply thinking it can be cured by casting more stones.

Media Blackout

Media should not be permitted to sensationalize stories like this one to the point where verdicts are being cast by people who are not even involved in the case. Many people want free speech and a free press, but the press today is motivated by the same kind of racialized justice that motivates prosecutors that one must address these motivations to reform the system meaningfully.

Why These Solutions Are Ideal

The proposed solutions address both the immediate legal concerns and the bigger systemic issues. Pennys actions have to be put into perspective and seen within the context of perceived public safety. His legal defense can reduce his liability while also calling for systemic reforms and aid to prevent future tragedies. These approaches help to show that this ethical issue is not a simple one but rather a complex one full of many principles that have to be better upheld and demonstrated.

Conclusion

The Daniel Penny case is a good reminder of the ethical problems that exist within the context of public safety and intervention. Pennys intent may have been to protect but the outcome was fatal. Is this Pennys fault or Neelys fault, or is the system itself to blame? Clearly, some systemic reforms are needed. This…