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Prosecution wanting a definition of ‘great bodily harm’.

Judge asking for case law.

Defense stating that the Supreme court uses those words and doesn’t provide a definition because.... it’s common sense.

Judge and Prosecutor claiming that can’t be true because they don’t know what ‘common sense’ means.


724 posted on 07/11/2013 8:41:46 AM PDT by UCANSEE2 (The monsters are due on Maple Street)
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To: UCANSEE2
Prosecution wanting a definition of ‘great bodily harm’. Judge asking for case law.

Florida appeals court case from 2008, MORTON v. STATE gives definition:

(1) Serious bodily injury defines itself and is understood by its everyday common usage.

(2) The word “serious,” when used to define the degree of bodily injury, means dangerous, grave, grievous, or great, as distinguished from slight.   It is a bodily injury which has important or dangerous possible consequences.

(3) Serious bodily injury may include, but does not require, serious permanent disfigurement or a protracted loss or impairment of the function of a bodily member or organ.

(4) The determination of whether a bodily injury constitutes serious bodily injury is solely a question of fact for the jury.

A beating which could produce disfigurement or brain damage has the potential of "great bodily injury"
795 posted on 07/11/2013 9:00:05 AM PDT by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: UCANSEE2
Judge and Prosecutor claiming that can’t be true because they don’t know what ‘common sense’ means.

How can this be true when so much of law is based on the idea of what "a reasonable person would do?"

A "reasonable person" is only such because of the exercise of "common sense."

-PJ

1,602 posted on 07/11/2013 11:36:04 AM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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