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  1. #41
    Probably Most Brilliant Craft's Avatar
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    I currently see the situation as indirect harassment, destroying the bush, versus direct harassment, intimidation. So I guess it's revenge versus initial offense.

  2. #42
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    Well, I'd like to chime in here that in a Libertarian society I think we'd see a lot more of this assault/battery type of behavior over property issues, perhaps escalating to even more violence, and without the promise of the police being called.

  3. #43
    Senior Member Bamboo's Avatar
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    Quote Originally Posted by marmalade.sunrise View Post
    But his woman was sure as hell supporting his crazy, and like a trooper. Did you notice that? She seemed equally as indignant, if quieter and calmer, and didn't seem surprised at all by the shop keeper's behavior, just dialed the police and waited.
    While I agree with this assessment of what happened, I don't see how it relates to what I wrote about walking away from the situation.

    I would have walked away. The guy was out of line and I would have gotten out of there. I wouldn't make an effort to go to the police afterward, just left it alone. If the police caught up to me I'd tell them that I got out of there for my own well being.



    As an aside, I only saw assault, but no battery. I didn't watch the video so closely, but the skater was never hurt, and I don't think he was actually touched. That said, assault is seen, commonly, as justification for self defense or GTFO maneuvers (legally).

    (Assualt is defined as the threat of physical harm NOT actual harm, which is battery.)
    Don't know how much it'll bend til it breaks.

  4. #44
    Senior Member Bamboo's Avatar
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    INCORRECT:

    As stated above, incorrect. There was "battery."
    Don't know how much it'll bend til it breaks.

  5. #45
    Senior Member KDude's Avatar
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    I used to be a little shit like this. Never got snagged too bad though. It's always someone else. One of my friends even got arrested once.

    Anyways, no it's not cool. Concrete benches are the most fun, but they really look like crap after awhile.

  6. #46
    Senior Member Bamboo's Avatar
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    Thinking this over a bit, from a legal standpoint, I believe the shopowner committed assault and battery BUT they would be ruled as justifiable self-defense.

    Self defense you say?

    Self defense applies to property as much as your person (or others). So that is to say, it is entirely legal, if someone was, let's say, slashing your tires on your car, for you to a) threaten them and b) restrain them/attack them (as much as necessary but not beyond this point) to stop them in order to defend your property.

    It could be argued that the shopowner caught the skater in the act of destroying his property, committed to an assault to stop the skater, and then, deeming that the skater may run away, committed a battery (pushing against wall) in order to stop a criminal (guilty of vandalism or destruction of property) from escaping in order for him to be apprehended.

    The skater (defendant) may argue that he was subject to continued assault and thus, being threatened, may have been privileged to self defense on his own part. (Which he made clear he wasn't interested in doing, and complied.)

    The defendant may also argue that due to the misdemeanor nature of his crime the assault and battery committed upon him were unjustifiable, but I think there is the legal aspect of his crime being covered under BOTH criminal and civil law with differing rules governing each. That is, the shopowner's battery may be justified under civil law but unjustified under criminal law.

    I'd like to see what would happen if it went to court.


    Any lawyer's (or people interested in law) out there care to comment on my analysis?

    Why to look at this from a legal viewpoint.

    There is a certain disconnect in how people negotiate their conflicts interpersonally and legally. I think it is important to understand how this situation may be interpreted legally because chances are, whether in the US or abroad, if you are on this forum you live in a country with a legal system which is forced to make impartial decisions in order to prove guilt or innocence so that the guilty are punished and the innocent protected.
    Don't know how much it'll bend til it breaks.

  7. #47
    Administrator highlander's Avatar
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    "I run really fast for an old fart!"

    "Good because I run really fast"

    "Real fast"

    "You fucked with the wrong person"



    I guess him going postal may have been effective in keeping the guy there till the police came.

    Please provide feedback on my Nohari and Johari Window by clicking here: Nohari/Johari

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  8. #48
    . Blank's Avatar
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    Dude: Maybe your friends will learn from this!!!
    Skater: ...Maybe they will.
    Dude: Maybe they won't!


    Oh man, that guy's level of anger just cracks me up. Also, the way he jerks around when he's screaming at the kid is hilarious.
    Ti = 19 [][][][][][][][][][][][][][][][][][][]
    Te = 16[][][][][][][][][][][][][][][][]
    Ne = 16[][][][][][][][][][][][][][][][]
    Fi = 15 [][][][][][][][][][][][][][][]
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    Se = 11[][][][][][][][][][][]
    Fe = 0

    -----------------
    Tiger got to hunt, bird got to fly;
    Man got to sit and wonder why, why, why;
    Tiger got to sleep, bird got to land;
    Man got to tell himself he understand

  9. #49
    Senior Member KDude's Avatar
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    Quote Originally Posted by marmalade.sunrise View Post
    I will say that the excessive screaming and things just causes more rebellion, because instead of the skater seeing that what he did was unethical (because no matter what you guys say, it was, and he started it, and apparently engaged in this behavior repeatedly) ... BUT when the shop owner overreacts and loses control like that, it allows the younger guy to deflect from his own bad behavior by saying, "well look at this douche, he's screaming at me like a toddler."

    Ideally the situation would have been dealt with, but dealt with more calmly.
    Another case in point. Mike V is infamous for kicking people's asses like this. I almost feel sorry for the guy in this vid though. He's got a point. He just overreacts and blames these guys for all of his problems though. And yet I understand Mike too. I don't like people who instantly need to start disrespecting you. That's just asking for some people to do something worse (not really kids, but older skaters).


    [youtube=http://www.youtube.com/watch?v=GXhKr4BOFQo].[/youtube]

  10. #50
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    Is that Bam Margera?

    I used to have the hugest crush on Bam.

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