Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Mar 2010
    Posts
    49

    Default Assault and Self-Defense

    I have been reading up on assault law and I am rather confused. It seems like the original purpose of the law was to punish someone for an actual attack, whether or not damage was caused. Then it progressed to other things like telling someone you were going to do the actual action, or beginning the motion of attacking someone but not following through.

    Is there any clear line where something is not assault, even if the person claims to have felt threatened? If so were EXACTLY is that line? And then we create even more vague federal felony versions of assault that could apply in any situation.

    Most of the case law I read for assault outlines someone physically attacking another person. Most of the case law for the other felony versions involve making actual death threats in front of other people.

    Is assault law just an excuse for the criminal justice system to micromanage interaction between people whenever they should so choose? Given the issue of punishment inflation ineffectively used to combat fear, can society allow this to progress any further?

    Then there appears to be self defense law that is equally vague that seems to have come from a directly opposing philosophy. At least the self-defense law in the southeast, where you are allowed to hold your ground versus an aggressor. Here elements of anarchy are meant to be injected into society to deter someone that would threaten you in ways that cannot be threatened or prevented by the police.

    When laws are created to be so vague that no one can interpret them, several things happen. People do not know what they can or cannot do. The police can target anyone, thus opening the door for corruption as they punish people for reasons of their own design that have nothing to do with the laws. People are forced to do things in every day life that they know could be construed as illegal, and then lose respect for the law and people who support it.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Is Assault in General a Slippery Slope Where Does It End

    If you would stop chasing people with baseball bats, your interest in this subject will lessen.

    1. Sponsored Links
       

Similar Threads

  1. Assault & Battery: Assault and Battery Defense
    By WeaponsTheyFear in forum Criminal Charges
    Replies: 4
    Last Post: 11-17-2009, 03:06 PM
  2. Assault & Battery: Self Defense vs Assault
    By Nomercy in forum Criminal Charges
    Replies: 20
    Last Post: 05-13-2009, 12:17 AM
  3. Assault & Battery: Assault or Self Defense
    By Lucian in forum Criminal Charges
    Replies: 2
    Last Post: 05-05-2009, 07:41 PM
  4. Assault & Battery: Assault vs. Self Defense
    By Publius Syrus in forum Criminal Charges
    Replies: 9
    Last Post: 01-24-2009, 11:09 AM
  5. Assault & Battery: Assault vs. Self Defense
    By waughw in forum Criminal Charges
    Replies: 1
    Last Post: 11-17-2008, 05:25 PM
 
 
Sponsored Links

Legal Help, Information and Resources