ICE told to get the eff out

  • Thread starter Thread starter JP_
  • Start date Start date
MNW67 said:
Towards the occupants, I believe.

There was another discussion about the difference between assault and battery a few months ago.

Assault in a technical sense means putting somebody in fear that they are going to experience violence. So, I think the argument is that, by spitting on the car, Alex made the agents fear that they were about to experience violence. Obviously, they knew they were protected by the glass. That is where it gets confusing. Is the argument that the agents might have feared that the spitting was a prelude to further violence.
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MNW67 said:
But that violence was against the car. Are we arguing that it also put the agents in fear of violence. If they were so scared, why didn't they just drive off. It is all a bit tricky, legally.
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MNW67 said:
That is what I have been arguing. It depends on context. A woman by herself probably would have felt threatened. But does the same apply to four heavily armed men in full combat gear.
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Are you talking about here or there?

where are you getting. this fear of violence from?
 
motorbiking said:
Spitting is considered a physical act for force.
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Assault is about being put in fear that the physical act of force might be applied to you. If someone swings a punch at you and misses, that is still an assault, because you are in fear that the punch might hit you. Likewise, if someone spits at you and misses, that is still an assault.

But if you are behind a glass window, you know the spit can't actually hit you. You are not in fear of it hitting you. So, how can it be an assault.
 
This is battery. I thought you understood that?

In any case people have been convicted here and there when the Spit hits a helmet visor, riot shield or shoe
 
motorbiking said:
This is battery. I thought you understood that?

In any case people have been convicted here and there when the Spit hits a helmet visor, riot shield or shoe
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It didn't hit anyone or any item they were wearing or holding. So, it can't be battery. It hit the car.

I did wonder whether there is an argument that the mind can play tricks. So, even though you know logically that a glass window will stop any spit, it might still startle you. And that might be enough for assault.

The other factor I was thinking about was the one I mentioned above to HWM. It might be the case you are protected from the spit itself. But what if you feared that was just a prelude to other violence.
 
It actually doesn't matter - even in the UK, those acts would get you locked up.
 
I see no justification why this man was effectively executed, but he does seem to have been a total ****, I wonder how many incidents like this have taken place, and did they just get sick of him
 
He deserved getting forcefully arrested at this new video without a shadow of a doubt and I am only surprised that he didn't get shot then, you can clearly see a gun in his trousers, I wouldn't have taken chances with him and I would definitely have shot him in the leg to put him down, the leg he kicked that light in would have been my choice. You can see he is out of control and has no respect for these ice agents.
 
SPLINE said:
What sort of person spits at another person?
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Crims with something to spread. Drug addicts etc. I have friends in the force and they say, it's intended to make you fearful of catching something. Hepatitis, STDs etc. It also means a load of inconvenience reporting it, getting checked out and prophylactics etc.
 
To me it doesn't look like he is spitting at the car, it looks like he followed the agent and spat at him getting into his car.
 
motorbiking said:
Crims with something to spread. Drug addicts etc. I have friends in the force and they say, it's intended to make you fearful of catching something. Hepatitis, STDs etc. It also means a load of inconvenience reporting it, getting checked out and prophylactics etc.
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We better send the car to the nearest STD clinic just in case.
 
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