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To: rightwingintelligentsia
It may not have happened in this particular incident but I believe that people who KICK someone who is on the ground should be charged with attempted murder.

This is a trend I have noticed lately that needs to be stopped in its tracks.

Hitting someone in the face - yep, assault.
Kicking them when they are down - attempted murder.

There should also be increased penalties when a group attacks a single person. Maybe a charge similar to assault with a deadly weapon. Maybe change the wording to assault with a deadly weapon or by a group.

13 posted on 04/08/2015 6:06:47 AM PDT by TexasFreeper2009 (Obama lied .. the economy died.)
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To: TexasFreeper2009
There should also be increased penalties when a group attacks a single person. Maybe a charge similar to assault with a deadly weapon.

That's a really good idea. Mob mentality makes some folks do what they otherwise wouldn't dream of doing.

27 posted on 04/08/2015 7:18:21 AM PDT by Leaning Right (Why am I holding this lantern? I am looking for the next Reagan.)
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To: TexasFreeper2009
Actually, when I attended law school back in 1986, it went like this:

Threatening to hit somebody in a verbal manner is "assault." Carrying out that threat and actually striking them is then called "simple battery." Thus the charge becomes "Assault and Battery." When you are faced with a force on force (one on one) situation, unless there are extenuating circumstances, you pretty much are constrained to parity of force. That is you can only respond to a threat with an equal level of force presented.

However, where there are multiple attackers, the risk of great bodily harm or death rises exponentially. Under those circumstances, a person in the posture of defense can as a rule of thumb, respond with deadly force. Use of a firearm.

However as you pare down the opposition, when you get back down to a single attacker, you must revert to the parity of force rule and take that guy on at whatever level he offers.

Now if that guy hung around while you were busy gunning down his pals, he is arguably the most dangerous one of the bunch, but the doctrine is kinda muddy on whether or not you have to reholster and face him mano a mano.

The options appear when the "victim" is obviously weaker or more frail than a single attacker. That I think was the cracked eggshell doctrine. If you're a disabled vet and some young pro football size thug comes after you alone, I'm pretty certain that putting a 9mm slug through his skull would be justifiable, but don't quote me, I don't practice law.

41 posted on 04/08/2015 11:28:12 AM PDT by ExSoldier ("Terrorists: They hate you yesterday, today, and tomorrow. End it, no more tomorrows for them!)
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