Law School Discussion

Practice (stupidity from another board)

cui bono?

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Re: Practice (stupidity from another board)
« Reply #10 on: July 24, 2006, 08:48:24 AM »
I'm trying to look past the poster's obvious stupidity in both language and deed and see all circumstances.

1) Defendant was doing illegal drugs in the plaintiff's home.
2) Defendant followed plaintiff out of house (presumably high on illegal drugs) with intentions unclear.
3) Plaintiff can argue that he felt threatened and acted preemtively in self-defense.
4) Plaintiff feared for his safety, and hit the guy once (if I read that correctly, which I'm not entirely sure I did).  Defendant fled and plaintiff did not pursue.

But, of course, this all depends on what, if anything, was said to any officials.  If he told the story as he did here, he's screwed.  But I can see him spinning this and getting off on a much lesser charge.  Lawyer friend of mine said that this is the likely outcome.

More than likely that's the case.  If he put it on an internet discussion board for some reason, I don't think he was tightlipped with the authorities.   

Burning Sands, Esq.

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Re: Practice (stupidity from another board)
« Reply #11 on: July 24, 2006, 10:18:19 AM »
I'm trying to look past the poster's obvious stupidity in both language and deed and see all circumstances.

1) Plaintiff was doing illegal drugs in the defendant's home.
2) Plaintiff followed defendant out of house (presumably high on illegal drugs) with intentions unclear.
3) Defendat can argue that he felt threatened and acted preemtively in self-defense.
4) Defendant feared for his safety, and hit the guy once (if I read that correctly, which I'm not entirely sure I did).  Defendant fled and plaintiff did not pursue.

But, of course, this all depends on what, if anything, was said to any officials.  If he told the story as he did here, he's screwed.  But I can see him spinning this and getting off on a much lesser charge.  Lawyer friend of mine said that this is the likely outcome.

Ah but if you initiate the situation (ie. "come outside & get some" or whatever was said) then you forfeit your self defense claim. Especially when witnesses can corroberate it.  But I think you're right, in real life practice, this can easily be pled down to something minor. A fist fight doesn't exactly get the death penalty.
 

18 Pa.C.S. 2701 (2005)

2701.  Simple assault


    (a) OFFENSE DEFINED.-- A person is guilty of assault if he:
 
   (1) attempts to cause or intentionally, knowingly or recklessly causes
   bodily injury to another;

(b) GRADING.-- Simple assault is a misdemeanor of the second degree unless committed:
 
   (1) in a fight or scuffle entered into by mutual consent, in which case
   it is a misdemeanor of the third degree;

Re: Practice (stupidity from another board)
« Reply #12 on: July 24, 2006, 10:41:49 AM »
tell him that he's royally ****ed and not to:

1. drop the soap

and

2. don't watch the boondocks episode where dubois dreamt he was in jail.

2Lacoste

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Re: Practice (stupidity from another board)
« Reply #13 on: July 24, 2006, 10:46:23 AM »
tell him that he's royally ****ed and not to:

1. drop the soap

and

2. don't watch the boondocks episode where dubois dreamt he was in jail.



I don't wanna be anally raped!

mivida2k

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Re: Practice (stupidity from another board)
« Reply #14 on: July 24, 2006, 11:01:44 AM »
I will happily escort him to a facility.  He and that naked guy from Survivor can share a bunk.   ;)

Burning Sands, Esq.

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Re: Practice (stupidity from another board)
« Reply #15 on: July 24, 2006, 04:04:12 PM »
yeah he's done

Re: Practice (stupidity from another board)
« Reply #16 on: July 24, 2006, 04:34:51 PM »
yeah he's done

That gives me a fuzzy feeling inside.   :D

Sui generis

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Re: Practice (stupidity from another board)
« Reply #17 on: July 25, 2006, 06:32:04 PM »
Yikes.

I vote o-v-e-r