In December, New York City police said a man was pushed off a Times Square subway platform by a mentally ill homeless person, who was later arrested. The man died when he was struck by the oncoming train.

Now, the NYPD is taking a more proactive approach to trying to prevent future crimes by people who are not receiving court-ordered mental health treatment. The city has

come up with a list of 25 such individuals and, if found, they will be forced to receive treatment.

Judge Andrew Napolitano weighed in on the city's plan this morning on Fox and Friends, arguing that it is not the job of police to try to predict who might commit a crime based on how they are acting.

"Only those who are mentally ill and are in imminent danger of harm to themselves and others can be in the category of candidates for arrest. Anything short of that, the person cannot be arrested without an order from a judge," he explained.

The judge went on to say there is a "gray area" when a person has been ordered by a judge to take psychiatric medication and does not, and then becomes a danger to other.

"That's why we have a Second Amendment. So we can protect ourselves," said Napolitano.

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