Massassi Forums Logo

This is the static archive of the Massassi Forums. The forums are closed indefinitely. Thanks for all the memories!

You can also download Super Old Archived Message Boards from when Massassi first started.

"View" counts are as of the day the forums were archived, and will no longer increase.

☖ Forums → Discussion Forum → To intervene or not.
12
To intervene or not.
2010-02-01, 11:02 AM #41
In Oklahoma (and this is a very loose summary of the laws) you can basically put your own rights in the shoes of someone else as far as self defense goes. Meaning, if the girl in this situation would be legally justified in doing something to defend herself, than anyone else who does it for her would also be legally justified. The problem is, you don't know her, so you have NO idea if she would be legally justified. The best you can do is an educated guess, and that would rarely be worth the risk of doing the WRONG thing.
Warhead[97]
2010-02-01, 5:38 PM #42
Originally posted by Squirrel King:
--- What you are talking about..
You would not be able to intervene in this situation. If you were to try to intervene and did something, you would be liable.


I find it hard to believe that if you stepped in and tried to calm the situation down you would end up liable no matter what.
Sure, if you went in arms swinging, you'd be liable, and fair enough too, but again, intervene does not mean violence.
You can't judge a book by it's file size
2010-02-01, 6:57 PM #43
Oh, I mean if everything goes swell, obviously there is nothing to be liable about.

But if you hurt the guy threatening the women, you'd be liable.


What Bob said above sounds like a good idea though. That makes sense. But it isn't always the case.
2010-02-01, 7:37 PM #44
Aye fact is when it comes down to law it gets tricky.
But in my mind, when that situation is ahead of me I'm not thinking about the law, I'm not even necessarily thinking about what's right, I'm just thinking about getting the person out of trouble.
You can't judge a book by it's file size
2010-02-01, 8:35 PM #45
That's completely true, I agree that the law shouldn't trump common sense or what's right in these kinds of cases. However, I have the good fortune to have laws that I feel reflect that idea very well. If your area has different laws, then you might have to consider them a little more carefully.
Warhead[97]
2010-02-03, 12:46 AM #46
Originally posted by Squirrel King:
we just went over this today in my law class.

I learned a few things ..

"Assault" is only a threatening act. Hitting someone is not assault. (Never knew this..) That is battery.
Usually battery and assault go together, but it you sneaked up behind someone and punched them in the back of the head, that would be battery. The person was unaware and you showed no hostile intention. You just randomly punched them.

--- What you are talking about..
You would not be able to intervene in this situation. If you were to try to intervene and did something, you would be liable.

There are few cases in which failure to act can be considered negligence. If you are related to the person you usually be liable to try to help. Or if you are professionally qualified. Otherwise, you would be liable if something went bad.


Terminology will vary by locale. Here is NH's law:

Quote:
631:2-a Simple Assault. –
I. A person is guilty of simple assault if he:
(a) Purposely or knowingly causes bodily injury or unprivileged physical contact to another; or
(b) Recklessly causes bodily injury to another; or
(c) Negligently causes bodily injury to another by means of a deadly weapon.
II. Simple assault is a misdemeanor unless committed in a fight entered into by mutual consent, in which case it is a violation.
woot!
2010-02-03, 12:49 AM #47
Originally posted by Deadman:
Aye fact is when it comes down to law it gets tricky.
But in my mind, when that situation is ahead of me I'm not thinking about the law, I'm not even necessarily thinking about what's right, I'm just thinking about getting the person out of trouble.


Exactly. Law should be elastic in these sorts of cases. (It may be. I'm no lawyer.)
"it is time to get a credit card to complete my financial independance" — Tibby, Aug. 2009
2010-02-03, 1:25 AM #48
Laws are fairly elastic, the trick is getting a good lawyer =p
You can't judge a book by it's file size
12

↑ Up to the top!