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Re: No Indictment in Chokehold Death
Hi Tres. I get the difference between 'illegal" and "policy" but is it up to the police to decide whether a choke-hold is legal or not? That would seem to be out of their jurisdiction as they are intended to enforce the laws, not create them.As a matter of policy the NYPD prohibits the use. So the answer would be no they cannot. However because it isn't illegal for them to use one a criminal proceeding based solely on the choke-hold will go nowhere.
Therein lies the technical accuracy of the situation. I personally think a chokehold is terrible, and they shouldn't use it for a reason. But from a legal perspective, it isn't illegal. It's a policy issue. The NYPD should release him from any additional affiliation with them for breaking their policy which according to my BIL is something that the cop as well as the other cops should have known by second nature.