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PostPosted: Mon Jun 14, 2010 6:11 pm 
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Xequecal wrote:
To put this in perspective: Remember when Buzz Aldrin punched out that guy who came up to him with a camera and demanded to know if the moon landings were fake? Do you think he should go to jail for assault for that?


After watching that video... where was the demand to know if the landings were fake. The little douchebag straight up started throwing insults and fighting words. And deserved the punch.

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PostPosted: Mon Jun 14, 2010 6:15 pm 
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Kaffis Mark V wrote:
Wait, let me get this straight, DE: "I thought he was about to assault me" is a valid defense, in your eyes, for battery?


It's a valid legal defense; it has nothing to do with my views. However, just saying "I thought he was going to" isn't enough. You have to articulate specific facts that made that belief reasonable under the circumstances. In this case, those facts would be that the young man was right up in his face and clearly angry, making insulting, provocative statements that attacked his character in public, and was not only clearly angry, but much younger than him.

This isn't high school; you can't go up to someone and act like you want to fight, wait for them to hit you, then claim "but they started it!" A citizen does not need to wait until they are assaulted if they can articulate reasonable circumstances that lead them to believe they needed to defend themselves. You don't have to wait until you have a black eye or a fat lip, any more than you have to wait until a guy with a gun actually fires at you.

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PostPosted: Mon Jun 14, 2010 6:46 pm 
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But if you have a reasonable belief that they are going to attack you, they have already assaulted you.

The "threat of assault" is pretty absurd.

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PostPosted: Mon Jun 14, 2010 7:52 pm 
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Kaffis Mark V wrote:
But if you have a reasonable belief that they are going to attack you, they have already assaulted you.


This is not true. This is like saying that if someone is threatening to shoot you, they've already shot you.

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The "threat of assault" is pretty absurd.


Not at all.

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PostPosted: Mon Jun 14, 2010 8:59 pm 
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Arrest them both (aldrin and the congressmen) let juries settle it out?

Now let me play the other side a moment. Why couldn't this kid say "I'm Joe Smith from so and so university"? Maybe it would have chilled the situation. I can't avoid the feeling that something just feels a little rotten. However if it was a set up, then the stupid congressperson played into their stupid hands. That Said:

I think the student were reasonable well behaved for a buch of gotchya journalists, and the congressman was away out of line in laying hands on them. Remember how this is supposed to be a "new age" of polictics, how Peloisi was going to have to the "most ethical congress?" and "Drain the Swamp?" He at the very least be censured. After all isn't grabbing some young guy angling for an interview worse than standing up and shouting "You lie"?

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PostPosted: Mon Jun 14, 2010 9:31 pm 
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Wait, wait. We may have done this before, DE -- is Ohio a State that differentiates menacing from assault?

'Cause I come from a background where what is sometimes separated as menacing is part of the assault common law.

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PostPosted: Mon Jun 14, 2010 11:43 pm 
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In Rhode Island the law states that you have to first attempt to flee, unless cornered without possibility of escape, in order to defend yourself.

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PostPosted: Tue Jun 15, 2010 11:35 am 
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Rynar wrote:
In Rhode Island the law states that you have to first attempt to flee, unless cornered without possibility of escape, in order to defend yourself.


That requirement was satisfied in my opinion. An older gentleman cannot reasonably hope to escape from a much younger individual.


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PostPosted: Tue Jun 15, 2010 11:44 am 
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Rynar wrote:
In Rhode Island the law states that you have to first attempt to flee, unless cornered without possibility of escape, in order to defend yourself.


And as we all know, RI is retarded.

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PostPosted: Tue Jun 15, 2010 12:05 pm 
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Arathain Kelvar wrote:
Rynar wrote:
In Rhode Island the law states that you have to first attempt to flee, unless cornered without possibility of escape, in order to defend yourself.


That requirement was satisfied in my opinion. An older gentleman cannot reasonably hope to escape from a much younger individual.


Doesn't matter. You have to try, and then fail, before you can defend yourself.

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PostPosted: Tue Jun 15, 2010 12:06 pm 
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DFK! wrote:
Rynar wrote:
In Rhode Island the law states that you have to first attempt to flee, unless cornered without possibility of escape, in order to defend yourself.


And as we all know, RI is retarded.

:twisted:


I couldn't agree more. If it weren't for one very important anchor holding me here, I'd be back in the south west where I belong.

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19 Yet she became more and more promiscuous as she recalled the days of her youth, when she was a prostitute in Egypt. 20 There she lusted after her lovers, whose genitals were like those of donkeys and whose emission was like that of horses.

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PostPosted: Tue Jun 15, 2010 2:15 pm 
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Kaffis Mark V wrote:
Wait, wait. We may have done this before, DE -- is Ohio a State that differentiates menacing from assault?

'Cause I come from a background where what is sometimes separated as menacing is part of the assault common law.


Common law offenses are abrogated in Ohio.

Yes, Ohio does separate menacing from Assault. There is a fine difference, however, between menacing and assault, because there is no "attempted assault"; the crime of assault already includes attempt in its language and you can't "attempt to attempt" a crime. Foir most crimes, attempt is charged under the "Attempt" statute, referencing the statute that the attempt is in regard to, but for any crime (assault being the most prominent example) where attempt is already part of the crime, you just charge them with the crime itself.

In any case, a person does not actually have to have harmed you in order for you to be legally permitted to defend yourself. They only need to be engaging in a course of action that causes you to reasonably believe they will imminently cause physical harm to you. You must be able to articulate facts and circumstances as to why; your personal subjective feeling by itself isn't enough. The actions the other person is doing might constitute disorderly conduct, menacing, aggravated menacing, assault, aggravatd assault, felonious assault, attempted murder, vehicular assault, attempted vehicular homicide, or a number of other crimes or attempted crimes depending on what exactly they were doing when you defended yourself.

The only difference between raising a fist at you and pointing a gun at you is the degree of force you can use to defend yourself, and in some cases you can even use lethal force against an empty-handed person, such as if they have a major physical advantage over you or if they outnumber you significantly. You just better be able to clearly articulate why later, and it had better make sense.

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PostPosted: Tue Jun 15, 2010 2:16 pm 
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Rynar wrote:
Arathain Kelvar wrote:
Rynar wrote:
In Rhode Island the law states that you have to first attempt to flee, unless cornered without possibility of escape, in order to defend yourself.


That requirement was satisfied in my opinion. An older gentleman cannot reasonably hope to escape from a much younger individual.


Doesn't matter. You have to try, and then fail, before you can defend yourself.


Thankfully, more and more states are getting away from such idiocy.

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PostPosted: Tue Jun 15, 2010 3:49 pm 
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In any event, the Congresscritter is completely in the wrong.

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PostPosted: Tue Jun 15, 2010 10:29 pm 
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How the **** can one flee in Rhode Island? Walk 3 feet in a given direction and you'll run onto either the ocean or a group of ******* Sox or Pats fans.

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PostPosted: Wed Jun 16, 2010 4:21 am 
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The senator could have up and punched the kid and have gotten off imo. Why would he fear a citizen?

Also, Aldrin went to the moon and is an actually hero by my estimation. If some punk calls him a liar and gets all up in his face, he can punch him. That has nothing to do with the senator though.

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