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The Chokehold Issue

Barry Latzer has this article in City Journal on the Eric Garner case.

This is a classic situation of the law as written versus the law as applied. Legally speaking, to hold Panataleo accountable for a chokehold smacks of an ex post facto law (or its due-process equivalent): punishment for acts not clearly prohibited at the time that they occurred. Or, to use a sports analogy, penalizing Pantaleo for this offense would be moving the goalposts. Because the Garner case, tragically, led to a death, and because it was racially charged and heavily covered in the media, Pantaleo faces sanctions for conduct that has not been seriously punished in the last two and a half decades. And that's simply unfair.

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