
Perceptions of Violence
Advisory Opinions
00:00
The Importance of Reasonableness in the Case of Mr. Neali
I don't think those eggshell skull concept would make Mr. Penny more liable here in these circumstances. It would in the circumstances that you mentioned, if Mr. Neali was just simply sitting on the subway, reading a book and out of nowhere Mr. Penny went up and choked and engaged in a chokehold because he thought it was funny or whatever reason then he would be responsible. But in the context of justification, where the reasonableness of the response is the key element, then I don't think there's any need to hold him accountable for his actions at this time.
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