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To: Altariel

For those of you who said the cop overreacted, a review of the assault law is in order.

Say there are two people having an argument. One of them flicks the nose of the other with their finger. The second one responds by punching the first one in the face. Does the finger flick matter? Yes it does, because it was the first assault. The punch was a reaction.

In this case, there was an “argument”, a public demonstration that the police were ordered to clear. Then the woman attempted a hit and run assault on the cop. She could have shot him, stabbed him, thrown an object at him, or whatever. It is not his responsibility to determine if something that hits him is a tangible threat. He has been assaulted.

And when you are assaulted, you can legally react in many circumstances. There is no rule that your reaction is proportional, either, as long as you do not maim or kill.


37 posted on 10/01/2012 4:17:06 PM PDT by yefragetuwrabrumuy (DIY Bumper Sticker: "THREE TIMES,/ DEMOCRATS/ REJECTED GOD")
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To: yefragetuwrabrumuy

For those of you who said the cop overreacted, a review of the assault law is in order.


For you a review of common sense is in order. Please tell me you were drunk when you wrote your comment and didn’t actually see the video before typing it. Exactly where is her assault on the cop?


61 posted on 10/01/2012 4:30:19 PM PDT by bramps
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To: yefragetuwrabrumuy
-- There is no rule that your reaction is proportional, either, as long as you do not maim or kill. --

That's false. Pick any state, and read the criminal statute for justified use of force. The legal rule is similar in civil law.

95 posted on 10/01/2012 4:58:39 PM PDT by Cboldt
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To: yefragetuwrabrumuy
There is no rule that your reaction is proportional

Your knowledge of the law is flawed, and I would strongly urge you to learn what a legal response to a minor "assault" such as being hit with silly string is. Should you decide that punching a woman in response to what may be an incorrect belief that she had something to do with you getting silly string on you is a good idea I think you will learn what the law is the hard way in court.

I would also consider your attitude somewhat dangerous. Would you physically hit a child who sprayed you with silly string? I would hope that you wouldn't even consider such a thing.

107 posted on 10/01/2012 5:07:04 PM PDT by freeandfreezing
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To: yefragetuwrabrumuy
My God I hope you are not an attorney. Total misrepresentation of assault.
A crime involves two elements in order for it to be a crime. 1st an action that breaks an established law or ordnance, your finger flicking, 2nd INTENT. If there is no intent there is no crime. Intent may be alleged but still proven.
In olden times the physical touching was actually called battery, hence the term “assault and battery.” That has been phased out and the assault,use of weapon etc,and the physical act are called assault.
If I brush against you in the hall it is not an assault unless I INTEND to knock you down etc.
IF your definition was correct you would never have a parade or any type of function with more than two people on the street.
You have given a very absurd reaction to a perceived assault.
There is no attempt at hit and run on the part of the woman in the video. I have watched it about 10 times to try to determine what happened. If you watch closely, a person behind her sprayed the string, and the woman turned as the string struck her. The policeman chased her as the culprit of what was truly a horrendous offense.
I have read all the post and apparently no one here has ever been a cop, I have, and no one has ever been to a parade,
Once again I have. Try New Orleans, Mardi Gras, with a badge and gun. It is his responsibility to determine if something hitting him is a tangible threat. Unless he is an idiot.
119 posted on 10/01/2012 5:22:08 PM PDT by prof.h.mandingo (Buck v. Bell (1927) An idea whose time has come (for extreme liberalism))
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To: yefragetuwrabrumuy
Then the woman attempted a hit and run assault on the cop. She could have shot him, stabbed him, thrown an object at him, or whatever. It is not his responsibility to determine if something that hits him is a tangible threat. He has been assaulted.

You can't be serious????

Are you sure you don't want to take this post back??

133 posted on 10/01/2012 5:38:08 PM PDT by Uncle Chip
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To: yefragetuwrabrumuy

Are you a lawyer, either for criminal prosecutions or defense, for assault cases?

Or do you just play one on the Internet?

In which latter case I’m calling B.S.


155 posted on 10/01/2012 6:47:38 PM PDT by FreedomPoster (Islam delenda est)
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To: yefragetuwrabrumuy
Say there are two people having an argument. One of them flicks the nose of the other with their finger. The second one responds by punching the first one in the face. Does the finger flick matter? Yes it does, because it was the first assault. The punch was a reaction.

So if I see you punch my wife, I can react by putting a bullet through your head? Is that what you're saying?

The cop's reaction was a wild and unjustified over-reaction. He needs to be fired before he over-reacts in a way which kills somebody.

240 posted on 10/02/2012 4:03:43 AM PDT by PapaBear3625 (Charlie Daniels - Payback Time http://www.youtube.com/watch?v=EWwTJj_nosI)
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To: yefragetuwrabrumuy

Then the woman attempted a hit and run assault on the cop.

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Can you please post the video you have that shows this hit and run assault on the cop?

The video the rest of us are looking at doesn’t have that part.


262 posted on 10/02/2012 9:25:12 AM PDT by dmz
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