- Sep 10, 2010
- Reaction score
- Political Leaning
Slow down. I think you’re dragging the provocation line farther than the law does.My recollection is that it was a private criminal charge, which is allowable in that jurisdiction.
Sure, but that doesn't make it an 11 year felony. Shoving someone in a brief altercation where the shove-ee was berating a 12 year old ain't an 11 year felony. It's small misdemeanor under state law, at most.
Sure, the facts matter, of course. And, it's not always a question of going completely without punishment - one can commit an assault which is a second degree misdemeanor, but if one planned the assault and jumped a black man as part of a conspiracy to attack people because of their race, then it becomes a federal hate crime. So, the facts matter. Shoving some asshole who is yelling at one's 12 year old son seems more in line with a second degree misdemeanor. If he shoved a pregnant woman who was minding her own business and just walking to a clinic, then I would have another view of it.
Yes, local level. But, the feds came in, as usual, overcharging and "sending a message." What it says is, if someone provokes you during your antiabortion protest, you may go to jail for 11 years, so think carefully before you protest....
Don’t lay your hands on other people except in self defense is the line. “Provocation” is a greased wall kind of slippery slope.
“I hit him with a brick because he wore white after Labor Day and that provoked me, your honor.”
See where I’m coming from? From the sound of it it is overreach by the feds. But from personal experience I know the feds lie, cheat and steal. It’s a benefit of being too dog, there’s no one to check you.