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latest user's comments
|#407 - Picture||09/16/2014 on Hail Canada!||+1|
|#773 - ello [+] (7 new replies)||09/08/2014 on September's profile||0|
|#771 - okay||05/29/2014 on September's profile||0|
|#21 - One episode of house Chase, a male doctor, kisses a young canc… [+] (6 new replies)||05/14/2014 on Epic Truth||+76|
|#85 - 16. who cares how much bacteria you have on your hands, the po…||05/12/2014 on More Weird Facts||0|
|#48 - I don't know very much at all about law, thank you for your pr…||04/18/2014 on did she deserve it? yes||-1|
|#11 - to be fair she did say the NEXT right person [+] (1 new reply)||04/18/2014 on Insert Tittle Here||+9|
|#27 - socially you would expect that from common sense, but from a l…||04/18/2014 on did she deserve it? yes||+1|
|#26 - I agree in equality, so forgetting this is a woman and a man l… [+] (3 new replies)||04/18/2014 on did she deserve it? yes||+5|
#35 - deviantangel (04/18/2014) [-]
Throwing anything (and I mean, anything) with the intent to hit or cause fear in another is considered assault in California law. In CA, and most States share the same description, assault is the unlawful "attempt and present ability to commit a violent injury upon another." It is not required for the violent injury to occur or any injury; a prosecutor must only show that you attempted the act and were able to do the act. Traditionally, threatening anyone is often assault, whereas physical contact is battery.
You may be confusing assault with battery in this case, and I would expect a prosecutor to pursue battery in this case for both individuals because (1) the drink (thrown) made contact, and (2) the person retaliated.
Also, a self-defense claim would be extraordinarily weak in this case. The footage shows what looks like an exchange of words prior to the drink being thrown, which suggests provocation by either or both parties. Furthermore, the retaliating party pursues the first individual as seen by the initial actor backing away, which means there was a reasonable chance to avoid further confrontation by either party. And lastly a drink being thrown in one's face is not, at least in my professional opinion, a perceived threat of harm, or bodily injury, to themselves.
I don't specialize in criminal law, but I believe almost any law student would tell you that a prosecutor would be successful in charging both with battery--and any seasoned defense would plea to community service/mutual apology rather than allowing their clients to serve jail time.
As you can see, the law in this instance would not even care if it was male or female individuals, it speaks nothing of the fact. That is not to say there is some significant sexual inequality in law, it is very infrequent in criminal law (with the exception to pedophilia in SOME states.)
#48 - September (04/18/2014) [-]
I don't know very much at all about law, thank you for your professional rational on this matter, it might be different in BC where I come from, but Im pretty sure the degree of injury sustained would have an influence wouldn't it? if she hit her head and it killed her he would be charged with manslaughter wouldn't he? not that thats what happened but I feel like a judge would take the severity of injury into account. I just want to say I respect what you have to say and Im not trying to argue but the retaliation seemed much more severe than the initiating actions
|#106 - don't get me wrong I love beards and I think the new one is mo… [+] (1 new reply)||04/12/2014 on omg kalese||+1|
#146 - dzimo (04/12/2014) [-]
but dario wasnt wasnt.
me and my friends call him "dollaris" for a reason quickwitted sellsword
www.cardgamedb.com/index.php/GoTCards.html/_/core-set/daario-naharis-core <- why we call him dollaris