Re: A note to answer STRONG debaters

On Mar 10, 10:36 am, Don Levey <Don_S...@xxxxxxxxxxxxx> wrote:
Joe Bruno wrote:
On Mar 10, 7:58 am, Don Levey <Don_S...@xxxxxxxxxxxxx> wrote:
Joe Bruno wrote:
On Mar 10, 7:24 am, Don Levey <Don_S...@xxxxxxxxxxxxx> wrote:
Joe Bruno wrote:
On Mar 10, 6:58 am, Don Levey <Don_S...@xxxxxxxxxxxxx> wrote:
Joe Bruno wrote:
Verbal aggressiveness does not always lead to physical harm.
American law distinguishes between between credible threats and those
which are not credible.
If a person who lives 2,000 miles away says he wants to punch you out,
it is not a credible threat.
If he is your next door neighbor, it would be considered credible..
You must look at the context and circumstances.
But even from 2000 miles away someone who expresses an intent to
physical violence is not likely to encourage others to respond to him,
read what he says, or treat him in a friendly manner.
--
That's true, but I was discussing the subject in a strictly legal
context.
I have a legal background and I love the law, so I sort of venture
into it whenever the opportunity presents itself.
I went to law school and was a prosecutor in the Navy.
That's also why I deal with words very precisely here.
Sometimes when I ask for proof, I'm not denying what the person said.
I'm simply doing what lawyers do.
It's become a habit with me.
Then you know, as someone who studied law (I notice that you do not say
that you're an attorney...), that mere physical proximity is not the
sole criterion for determining credibility of threat.  Other factors can
be involved, including probability of travel, the likelihood that the
victim will be or ever need to be in proximity to the accused, history
of the accused and even history of the victim as to whether the threat
caused fear, reasonable or not.  Additionally, mere words are regulated
in some localities.  Likewise, certain threats, credible or not, are
actionable if said with intent.  I'd recommend that if you don't mean
it, don't say it.
I'm not a lawyer. I also did not say that proximity is the sole
criterion.
Just how do you determine intent?
We were not discussing what I said, either.
What are you talking about?
You are wrong about the reaction of the victim. The standard used in
American law is the reaction of a "reasonable man"
under the circumstances.
Except:
* When there are special victim circumstances, such as when someone
makes antisemitic threats against a Shoah survivor, AND
* When a reasonable person would assume that the accused knew about
those circumstances and/or believed that the threat would be credible.

--
Show me a case where that was pronounced.

If you like, I'll do you one better:>
I'll show you in the Terms of Service for your ISP where making threats
will get you banned.  There's no stipulation there about credibility,
and it's up to them (not you, not the courts).

--
We were discussing the law that applies to everybody, not a private
contract.
Your response is irrelevant.

.

Relevant Pages

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  • Re: A note to answer STRONG debaters
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