Tuesday, December 17, 2024

Abel Cedeno & Daniel Penny: Systematic Racism

The cases of Abel Cedeno and Daniel Penny have both sparked significant debate and controversy, particularly around issues of self-defense and systemic racism. Let's delve into the details of each case and explore the broader implications.

Abel Cedeno Case

In 2017, Abel Cedeno, a high school student in the Bronx, fatally stabbed his classmate Matthew McCree and injured another student, Ariane Laboy. Cedeno, who is openly gay, claimed that he had been bullied for years due to his sexuality and acted in self-defense. He stated that on the day of the incident, McCree and Laboy were throwing objects at him and verbally harassing him.

Despite Cedeno's claims of self-defense, the court found him guilty of manslaughter, assault, and criminal possession of a weapon. He was sentenced to 14 years in prison. The case highlighted the challenges faced by LGBTQ+ youth in schools and the severe consequences of bullying. However, it also raised questions about the appropriate use of self-defense and the legal standards applied in such cases.

See:

Sacerdotus: Bronx Gay/Bi Student Stabs & Kills Alleged Bully at PS 67

Sacerdotus: Puerto Rican Gay Victim of Bullying is Found Guilty: Faces 50 Years

Sacerdotus: Abel Cedeno Sentenced to 14 Years


Daniel Penny Case

In contrast, the case of Daniel Penny involved a former Marine who placed Jordan Neely, a homeless man, in a chokehold on a New York City subway in May 2023. Neely, who had a history of mental illness, was reportedly acting erratically and making threatening statements to passengers. Penny intervened and restrained Neely, leading to Neely's death.

Penny was charged with second-degree manslaughter and criminally negligent homicide. However, after a lengthy trial and jury deliberations with ample evidence indicating his guilt, he was acquitted of all charges. The case drew national attention and sparked debates about self-defense, mental health, and racial dynamics, as Neely was Black and Penny was white.

See:

Sacerdotus: Daniel Penny Found Not Guilty

Sacerdotus: Daniel Penny Trial Update VI

Sacerdotus: Daniel Penny Trial Update V

Sacerdotus: Daniel Penny Trial: Update IV

Sacerdotus: Trial of Daniel Penny: Part III

Sacerdotus: Trial of Daniel Penny: Part II

Sacerdotus: Trial of Daniel Penny: Part 1

Sacerdotus: Trial Begins for Marine Daniel Penny

Sacerdotus: Marine Daniel Penny Kills Homeless Mentally ill Jordan Neely With Chokehold

Sacerdotus: Daniel Penny Arraigned & Jordan Williams' Charges Dropped

Sacerdotus: Daniel Penny, Jordan Williams & the Self-Defense Dilemma


Systemic Racism and Self-Defense

Both cases underscore the complexities of self-defense claims and the influence of systemic racism in the legal system. Research has shown that implicit racial biases can affect how jurors perceive defendants and victims, potentially leading to unjust outcomes. In self-defense cases, the race of the individuals involved can influence the perceived threat level and the justification for using force.

For instance, in the Daniel Penny case, some argued that Penny's actions were seen as more justified because Neely was a Black man with a history of mental illness and criminal activity and Penny was a Marine with no criminal record. Conversely, in the Abel Cedeno case, Cedeno's claims of self-defense were not enough to mitigate his sentence, despite his history of being bullied for his sexuality.

Why were there two distinct verdicts in these cases? This is a question we all need to examine carefully. The answer is that there are two judicial systems, one for non-Hispanic whites and one for People of Color.  Both cases involved claims of self-defense. One had a legitimate victim of bullying who was assaulted and took matters into his own hands after school officials neglected to address the situation. The other was about one who took it upon himself to play hero and choked to death a Black homeless male with mental illness simply for crying out that he was hungry.  The latter was acquitted and the former was sentenced to 14 years for manslaughter and 8 for assault. 

Many non-Hispanic whites of right-wing persuasion were quick to defend Daniel Penny and even raised over a million dollars for his defense. They defended him, rehashed Jordan Neely's criminal record, and in some instances celebrated his death as self-deserved.  However, where were they for Abel Cedeno? Where are the gofundme accounts raising millions for him, a young gay youth who was simply defending himself after years of abuse, harassment, bullying, and assault after school officials did nothing?  Could it be that maybe Cedeno was the wrong skin color?  It sure seems so.  

Conclusion

The cases of Abel Cedeno and Daniel Penny highlight the need for a more nuanced understanding of self-defense and the impact of systemic racism in the legal system. Addressing these issues requires ongoing efforts to educate jurors about implicit biases and to ensure that legal standards are applied fairly and consistently. As society continues to grapple with these complex issues, it is crucial to advocate for justice and equity for all individuals, regardless of their race, sexuality, or background.

The jury system needs to be reevaluated in light of these cases. It is clear there is a systematic racial problem in the judicial system.  When one person who legitimately defended himself is sentenced to 14 years plus 8 for assault while another was the aggressor and choked to death a mentally ill Black man is acquitted, then clearly race is a fact in verdicts, not the facts and evidence.  


: [NBC News](https://www.nbcnews.com/feature/nbc-out/student-who-fatally-stabbed-classmate-nyc-high-school-sentenced-14-n1051971)

: [NBC News](https://www.nbcnews.com/feature/nbc-out/gay-bronx-teen-who-stabbed-classmate-death-found-guilty-manslaughter-n1030081)

: [Harvard Law Review](https://harvardlawreview.org/print/vol-134/black-lives-discounted-altering-the-standard-for-voir-dire-and-the-rules-of-evidence-to-better-account-for-implicit-racial-biases-against-black-victims-in-self-defense-cases/)

: [Racism.org](https://racism.org/articles/defining-racism/stereotypes-bias-and-racism/210-bias-and-the-law/9123-addressing-implicit)

: [MSN](https://www.msn.com/en-us/news/politics/how-new-york-republicans-helped-defend-daniel-penny-in-controversial-subway-chokehold-case/ar-AA1vY4J2)

: [Yahoo News](https://www.yahoo.com/news/happened-daniel-penny-jordan-neely-090317376.html)

: [MSN](https://www.msn.com/en-us/news/crime/daniel-penny-breaks-silence-on-subway-chokehold-case/ar-AA1vDt4s)

: [NBC News](https://www.nbcnews.com/news/us-news/daniel-penny-found-not-guilty-chokehold-death-jordan-neely-rcna180775)

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