Vermillion
Banned
Ugh. Appeal to power...What page are we on again?
The entire discussion has been about the law. The entire. Thing.
Page 36?
Ugh. Appeal to power...What page are we on again?
The entire discussion has been about the law. The entire. Thing.
At a festival last year, a group of girls went past me and one of them grabbed my ass. Could I have gone up to her and grabbed her ass?
At a festival last year, a group of girls went past me and one of them grabbed my ass. Could I have gone up to her and grabbed her ass?
Attempted murder with a deadly weapon ... lol.
That's blowing it way out of proportion. He was tactless for hitting her back, though.
The burden is on YOU to find the court case, not me. You're the one claiming that man vs man self defense proportionality case doesn't exist.
Hah, that and some of my favorites:
"She deserved it!"
"He only got charged because she has a vagina."
"She only hit him because she's a woman and knew she could get away with it."
"She could have killed him with that glass/bottle/cup!"
"She looks bigger than the guy next to her, thus stronger"
Are you trying to argue that sexism is prevalent in many societies? Because you're right...Thank you for coming around.
An assault can include knowing, intentional, or even reckless conduct which results in an unwanted contact with a victim. The most basic example of knowing or intentional conduct is when one person hits another with a closed fist.
Hitting her back is putting it quite mildly. He went Barry Bonds.
"Proportionality should be a guideline in war."
-Robert McNamara, discussing whether the 2 atomic bombs were necessary after Japan was burning from firebombing.
Do you consider yourself the persecuted, victimized male? Oppressive double-standards holding you back from achieving some lifelong goals?
Two wrongs don't make a right.
But she may just have been into you, so you could've probably gotten away with it.
No, I'm claiming that no man who threw the first punch, kicked a man in the groin, and walked away with a blackeye has ever had a prosecutor behind him. I have not been able to find any cases like that. Can you?
I've freaking tried man. Again: How do you want me to prove that it hasn't happened?
EDIT: Don't think I want to continue having a discussion with an active MRA advocate though.
Two points:
- Are there examples of a closed fist being admitted as a deadly weapon? Seems counterintuitive but I honestly have no idea.
- Using this definition, she also committed assault, as she did knowing and intentional conduct with him. Does he have a case? Is it the fact that there are visible damages that makes it a different situation?
Not trying to be facetious, just curious about where precedence stands.
There's thousands if not hundreds of thousands of battery cases, and you expect me to find one specific detailed one to combat a narrow silly narrative of yours? The cases exist, that's why the law exists! You're basically arguing that you won't believe a man will be charged for over use of force in self defense unless it's the exact same injuries and circumstances. It's obtuse.
There's thousands if not hundreds of thousands of battery cases, and you expect me to find one specific detailed one to combat a narrow silly narrative of yours? The cases exist, that's why the law exists! You're basically arguing that you won't believe a man will be charged for over use of force in self defense unless it's the exact same injuries and circumstances. It's obtuse.
LOL you're such a joke. I NEVER called you an MRA advocate, I said one of your arguments sounded like one. What is your problem?
Yes, many examples. Seriously 3 seconds of google man."The second type of deadly weapon includes any other object or tool that, when used in a particular way, can cause severe injury or death. Automobiles, canes, metal folding chairs, large planks of wood, pocketknives, and countless other items can be considered deadly weapons if they are used to maim or kill someone. Even the human body itself can be legally considered a deadly weapon if an attacker uses his hands, feet, or other body parts to assault a victim."
Generally speaking, there are only a few states that have ever even tried considering hands and feet (specifically of professional boxers) as deadly weapons.
The most recent state that even attempted this, that I can find, was Florida, whose Supreme Court struck it down as unconstitutional...as every assault could then be classified as an assault with a deadly weapon.
Michigan has no case law or statutory law concerning hands as deadly weapons and there certainly is not one specifically stating that all Marines would be considered deadly weapons as such a law would certainly be unconstitutional.
If anything, it would have to be a case by case showing that this particular soldier had a certain amount of training in hand to hand combat (and general soldiers do not get that much training in it) such that this one person should have their hands considered deadly weapons.
https://www.youtube.com/watch?v=ZSrrKcGW9pQ
Has this been posted yet?
Manager At Manhattan Panera Bread Knocks Out A Female Employee After She Slapped Him
You haven't answered my question. I've heard of one case of a person kicking someone in the groin, punching them, and then walking away with a black eye and pressing charges. It's this one.
How can I prove it? You literally want me to post every single bar scrum I can find from every states database?
You haven't answered my question. I've heard of one case of a person kicking someone in the groin, punching them, and then walking away with a black eye and pressing charges. It's this one.
How can I prove it? You literally want me to post every single bar scrum I can find from every states database?
My problem is that you put that label on me. Then said you were going to leave. And now you're back doing the same thing.
I'm expecting you to find anything even close involving a man and a man where the person swung/kicked first, then successfully sued for disproportionate force, despite only suffering a black eye.
As has been explained to you multiple times, you can prove it by citing any analysis, precedent, essay, etc suggesting proportionality is not considered in such cases. Literally anything beyond you going "it just doesn't! that be the law of the streets!"
This is ridiculous. Your arguments are borderline incoherent first of all. Secondly, you're arguing in circles with people, and instead of accepting a logical answer you demand narrower and narrower criteria and double down on your stubbornness. Keep spinning those wheels, buddy.
Ok. Here's my proof. I posted something that thousands of people are reading, many of which are extremely smart, and have studied law. No one has given me anything to even make me start thinking I'm incorrect. There's no reason too...it's asinine to think that a man would be charged for punching another man after being swung at and kicked in the groin.
What's your proof? Oh, here's the closet link I could find, despite us all knowing that bar brawls resulting in a black eye are a dime a dozen...this is all i found: http://www.usnews.com/news/articles...olonoscopy-by-cops-wins-16-million-settlement
Ok. Here's my proof. I posted something that thousands of people are reading, many of which are extremely smart, and have studied law. No one has given me anything to even make me start thinking I'm incorrect. There's no reason too...it's asinine to think that a man would be charged for punching another man after being swung at and kicked in the groin.
What's your proof? Oh, here's the closet link I could find, despite us all knowing that bar brawls resulting in a black eye are a dime a dozen...this is all i found: http://www.usnews.com/news/articles...olonoscopy-by-cops-wins-16-million-settlement
You're a goddamn train wreck, do you know that?
New Mexico Man Given Forced Colonoscopy by Cops Wins $1.6 Million Settlement
Really?
You're a goddamn train wreck, do you know that?
Sure? Care to expand on that?
Finding lots of court case appeals on how a closed fist is not a "deadly weapon".
http://www.leagle.com/decision/19922141831P2d1310_12114.xml/PEOPLE v. ROSS
http://cdn.ca9.uscourts.gov/datastore/opinions/2010/03/18/08-50175.pdf
It looks like a minority of states have used it for the human body.
If the damage is big enough he could still be charged with aggravated assault. Interesting.
Finding lots of court case appeals on how a closed fist is not a "deadly weapon".
http://www.leagle.com/decision/19922141831P2d1310_12114.xml/PEOPLE v. ROSS
http://cdn.ca9.uscourts.gov/datastore/opinions/2010/03/18/08-50175.pdf
It looks like a minority of states have used it for the human body.
If the damage is big enough he could still be charged with aggravated assault. Interesting.
Oh no no no, you need to find the EXACT same scenario and injuries, otherwise you're just wrong. Those other cases don't matter.
Poor reasoning and a fundamental ignorance regarding the law are colliding in excruciating slow motion. It was almost worth stopping earlier on, but at this point there is so much mangled destruction that the task of straightening it all out is just too overwhelming, so I'm thinking it might be best to just sit back and watch instead.
Are you intentionally being disingenuous and misrepresenting the situation again?
I want to be wrong. I want to find a situation where the injury was a black eye, and the person won the lawsuit despite initiating. I'm freaking trying but I just don't know how to go about finding it man.
You guys think I care about being right? I care about my daughters, and my wife, not being treated differently, and being held responsible for their actions.
Whatever good faith you had going into this thread has all but withered and become a bullying burgeon of buffoonery.
You came into this thread with a laughably safe angle (legally the proportionality of the male's actions exceed reasonable self defense protocol [well no fucking shit, sherlock]) and have spent the rest of the thread sniping on the same users. Good show, faux lawyer.
Nicktals, get off this thread. I don't exactly agree with you but you are being dogpiled and it is getting out of whack and clearly it is stressing you unnecessarily. Kudos on your 2 loved ones.
Sure? Care to expand on that?
And I know there are people on GAF who can do better. It's why I put the freaking call out. I was searching for man on man violence where the victim of abuse won a court case.
You guys think I care about being right? I care about my daughters, and my wife, not being treated differently, and being held responsible for their actions.
Nicktals you really need to step away from the keyboard man.
You keep engaging different users in arguments that follow the same pattern.
1. Gaffer makes a post
2. Nicktals quotes post, makes false equivalency and says "so what's your point?"
3. Gaffer elucidates their point
4. "Yeah but unless arbitrary criteria A, then that's irrelevant"
5. Gaffer provides evidence that arbitrary criteria A is in fact met
6. "Yeah but unless A is true and B is ALSO true, that's irrelevant"
7. Gaffer provides evidence that B is also true
8. Repeat steps 6 and 7 for optional criteria C/D/E
9. Gaffer asks Nicktals to substantiate his own opinion
10. "I don't have to do anything and unless you can provide proof that my opinion is UNtrue, I win"
I know nothing about Belgian law, but I'm almost certainly sure being drunk is not a defence in Belgium.
Even in Civil systems there is a version of the reasonable person doctrine, and being drunk is usually per se unreasonable. He's also underage, and that would doubly count against him. The question then becomes - if he was sober what would the reasonable person would have done in that situation?
Legalistically speaking I think it would be hard to argue that a reasonable person who happened to be a college football player in the top division of college football would be able to find a justification for punching a girl like this. His job is to take hits daily from people much larger than himself, and if he can withstand that then he should be able to withstand the awkward blows of a dumpy party girl. Instinct isn't an excuse either because reasonable people use critical thinking not raw emotion by definition (hence the "reason" part).
She turns around and yells at him even before his arm can move to "shove" her.
http://i.imgur.com/HYv4DWf.gif[img][/QUOTE]
He has his right hand under the bar. She moves her body to the left while he's trying to squeeze between her and the woman to the left.
At a festival last year, a group of girls went past me and one of them grabbed my ass. Could I have gone up to her and grabbed her ass?
https://www.youtube.com/watch?v=ZSrrKcGW9pQ
Has this been posted yet?
Manager At Manhattan Panera Bread Knocks Out A Female Employee After She Slapped Him
I don't get how anyone can say the girl didn't instigate it, it's very clear she initiated the whole confrontation. He shouldn't have smacked her as hard as he did, but saying that it's tough to tell from a video how hard he actually hit her. She was still standing I guess, so it's not as if he went to town on her, and she didn't have any injuries. The way her head jerks makes it look like there's some force behind it, but that could have been more a result of her not expecting it than anything else.
If she was giving off racial abuse, and did knee him (which it looks like she did) all because he bumped into her in a crowded bar, then the guys reaction (whilst not entirely justifiable) is sort of understandable, He didn't know whether or not she was going to keep hitting him, so he jabbed her and put an end to the situation. He could have walked away, but again, she may have kept on at him. It's easy to sit her on the internet and say that you'd just shrug it off and leave the situation, but that's not generally how most people act in the heat of the moment.
I'm not trying to defend him, what he did was still wrong to an extent, but I do think he's more of a victim than her in this situation, saying as how both parties were unharmed, yet the instigator is getting away while the defender is having charges pressed against him. Situations like this could be avoided if everyone just stopped being such assholes to other people and didn't resort to violence at the first sign of disagreement.
This is a scumbag and ugh, it makes my blood boil. Clearly he did something to her first which caused her to react really badly to it so there is a clear back story here, but this is where I agree that the size difference does add a ton of differences between the force one can commit when they are biologically bigger than the other. She clearly did no sort of damage to him to get knocked back like that, especially when he was the aggressor from the get go. Disgusting and I hope she sues his ass and gets him thrown in jail.
This is a scumbag and ugh, it makes my blood boil. Clearly he did something to her first which caused her to react really badly to it so there is a clear back story here, but this is where I agree that the size difference does add a ton of differences between the force one can commit when they are biologically bigger than the other. She clearly did no sort of damage to him to get knocked back like that, especially when he was the aggressor from the get go. Disgusting and I hope she sues his ass and gets him thrown in jail.
He won't get thrown in jail. He did get fired though.
It was determined he was acting in self-defense.
He did. He threw her down some stairs apparently
He put his hand on her for throwing stuff around the store. He threw her down a flight of stairs instead of contacting the police to deal with her erratic behavior.
Of course she got angry and came back in to redeem herself for her a disgusting display of unprofessionalism by her manager. Then who thought her weak slap, that sounded like it hurt because it is a slap, decided that a full throttle one two punch was needed to "defemd" himself. She's 5'2 and could barely even touch his face much less threaten his life.
I would make him pay, screw getting fired.
Panera would have a lawsuit on there hands especially since she has witnesses. Oh hells no.