Nip/Tuck said:
So if you saw a guy do the same thing do a KID or FAMILY MEMBER you would just let it go? Damn people are so whipped these days. The guy wouldn't have gone to jail for assault. You know why? Since he was defending someone who was incapable of defending itself. In this case, the girlfriend. There were two men, who assaulted her. Good Smartian law states that people should help out in case someone needs help. So "technically" the boyfriend defending his girlfriend's saftey is considered self-defense.
After watching that video a few times I come away with the following observations:
- The original two guys look like they are arguing
- The first guy (light jacket) seems to almost swing his arm into the girl by accident, as part of his "discussion" with the other guy
- The second guy DOES NOTHING but get punched.
- If I had been the second guy, the "hero" would be dead.
- If I had been the first guy I would apologize immediately, but if he persisted, again he has left me no viable alternative to shooting him.
- Final observation: Throwing punches as a first resort is really stupid
Obsidian said:
The reason is because he wasn't defending anyone.
Exactly, I think it's pretty much uniform across the US but the way a jury might interpret things may vary a lot. When I said "in real and immediate fear of life or limb" it's not just oneself but others as well if you choose, but the threat must be real and must pass the 'average reasonable man" test.
Ultimately whether or not to charge isn't up to the officer, he detains, but other court officers will decide whether and what to charge and that is not dependent on the detain or not choice the officer makes at the scene. For instance a DA could have this video brought to his attention at any time before the statute of limitations runs out.
Also that $50K to defend a killing is a best case scenario and assumes the killing is a very clear cut case of self defense, the deceased doesn't have rich or influential relatives and so on.
That's something to think about even if you don't have a conscience.
Mr.Positive said:
That being said, fighting on the street is a last resort. Only fight, when you have nothing to lose. People break bones, lose eyes, get brain damage, shot, stabbed, etc.. in street fights. Street fights are really an all or nothing thing. Either you are all in, or find a way out of it.
If you can't get out of it, or you, or a loved one is in immediate life danger..unleash hell.
This is well said and is something the "I daydream of being a street ninja" people just can't seem to grasp. Choosing to enter a street fight is essentially the same as deciding you have to kill someone. That should never be a trivial choice. Even when it happens to NOT result in a fatality the outcome is likely to be life altering.
If you're not seeking de-escalation you're part of the problem.
Also, even if criminal charges were never pursued against the guy in the video he's potentially open to civil proceedings and it all costs money to defend or settle.
thehexman said:
I'm afraid that where I live, both would be prosecuted. The state has a monopoly on power, period. No judge would tolerate self-justice. It appears that the "winner" was trying to punish the two guys, and that is not his job. Crimes are to be punished after due process by correctional officers, not by someone self-defending either himself or someone else.
Actually I think that's a good thing, not specifically but in general. Courts and rule of law are a good thing.
thehexman said:
BTW, if you ever feel physically threatened (usually there's a type of escalation beforehand) just pull out your cell and dial emergency. Talk into it in front of them, give descriptions of their clothing etc. Almost nobody would be stupid enought to assault you while you are on the phone with the police.
Good advice.