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If you take too long to die they would break your legs which obviously makes it harder to breathe when .... Held in the crucifixion pose you have to hold your self up with your feet to relive the tension on your chest so you can breathe in. Break you legs and you can't stand Anymore on top of your feet being nailed hands having been whipped till ground beef... Being forced to drag your tool of destruction.....

The spear was post mortem to confirm the death. Kinda hard to straight face fake dead while getting stabbed and not flinching. Maybe even a giggle.

I'm pretty sure scripture dictates that the spear happened after he already died.