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lvwhitebir
Guest
Originally posted by PAUL
If I had an elementary school kid I would tell him that there is no reason to fight anyone, even if they throw the first punch, and you need to get away and tell and adult. I would also tell them that they should never be anyones punching bag; so if they can't run away and tell someone, then they need to defend themselves as best as they can.
I think the same advice goes for adults, only substitute telling an authority.
No one should ever just "let" someone kick their @$$. This is stupid, and not good self defense in my opinion.
I don't mean to suggest that you should be someone's punching bag. You're right, that's not good self defense. But a lot of people I talk to think that self defense is beating the guy to a pulp because "he pushed me first." They believe that simply because he struck first, it was self defense. Not so in the eyes of the law.
I am not sure how by not letting someone hurt me I am perpetuating violence either...this is nonsense to me.
When I talked about perpetuating the violence, I simply meant that he hits you, so you hit him, so he hits you for hitting him... It goes on and on. You can stop it simply by leaving the situation; believing that using more force than "self defense" is unnecessary.
IMO, the best way to handle the situation, is to simply do something to stop the attack, including blocking and striking back. But not to do it to punish the guy by "taking him out." If I can block, strike twice, to create enough room to escape, then I used self-defense appropriately. If I continued to attack, beating the pulp out of him all the while yelling "who's your daddy," then I've become the aggressor and can be charged with assault too, even if he jumped me first.
Unfortunatily, I am a cynic when it comes to our system. Our system does not always protect the innocent, in my opinion.
Our system is not perfect. It believes that you both are upstanding citizens with a dispute that has to be ironed out. There are no preconceived notions about who's the bad guy and who's the good guy. It all comes down to "facts" and who tells the better story. Part of the facts are the police report of the incident. If it checks out, it can hold a lot of weight.
Before it sees the courts, however, the prosecuter and police get involved (if a criminal suite) which can keep you from ever getting into a "he said/she said" contest in which you can look guilty. If they believe you honestly tried to defend yourself within the bounds of the law, they won't even charge you, especially if the other guy has a previous record. But, you have to follow the law with regards to what's self defense or not:
1) Immediate threat
2) Can't escape
3) Necessary amount of force
If a guy tells you to step outside and you do, win or lose it's not self defense (you can escape). If he hits you and then starts walking away and you attack him back, it's not self defense (no immediate threat). If he hits you and you pull a gun and shoot him, it's not self defense (unnecessary amount of force). Even if you go to the law first, you can't claim it and you'll probably both be charged.
He is probably some street punk with no $$ and no insurance. Sure...he'll go to jail, but I'll never see a dime. Mind you....I have just forked over thousands of $$ to build my case....yet I'll get no reward.
I think the money only applies in a civil suite. In a criminal suite, it's the state vs the guy and you're only a witness. Once the criminal suite is over, you can then go for damages in a civil suite to collect money, with a real good piece of evidence. Although I'm no lawyer...
WhiteBirch