Update: People v. Daniel Penny

The Jury Is Deadlocked

Daniel Penny outside of a Manhattan courtroom as jury deliberations have reached an impasse. December 6, 2024. ©️ Brendan McDermid, Reuters.

The “Reasonable Person”

After three days of deliberation, the jury in People v. Daniel Penny told the judge that they were deadlocked and unable to reach a verdict. Although there is no way to know what is going on in the jury room, the jury sent the judge a note which read:

We the jury request further clarification in the determination of whether a person reasonably believes physical force to be necessary. We would like to better understand the term “reasonable person.”

The “reasonable person” standard is a fundamental principle of law that seeks to articulate the concept of “objective reasonableness of action in light of the facts and circumstances confronting them.”

“Reasonableness” is an elusive, even philosophical concept and this jury isn’t the first to struggle with it. The judge was only able to tell them, “[u]ltimately what a reasonable pers…