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To: wrench
-- If this guy had killed someone after escalating the confrontation via his remarks, he would be found guilty of manslaughter or worse. --

Not if the jury followed the jury instructions. There is a bright line on use of physical means. Under the law, you can "dis" somebody, call them all sorts of horrible names, and they have NO right to so much as give you a shove. Words alone are NOT escalation, under any criminal statute.

I do agree with your advice to just move on - I disagree with the suggestion to offer an "excuse me." But that said, deciding to gripe to the offender, even to insult them with all your might, that does not amount to sufficient escalation, under the law, to make you criminally culpable. There are plenty of cases on the books that illustrate this. The first one to use force, THAT person started it.

113 posted on 05/13/2014 3:03:31 PM PDT by Cboldt
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To: Cboldt

When I saw the video, I saw escalation from the vic;s side, and how I would vote on a jury.

“Fighting words” have meaning in law, but I am not a lawyer, so can not articulate the point.

If i call someone “penis breath” or worse in front of his family, I believe I have little recourse if I get popped in the mouth. Spit in his face at the same time guarantees it, but I guess that is assault.

Starting a fight is easy, holding civilization together takes work.


114 posted on 05/13/2014 3:12:13 PM PDT by wrench
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