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#11 | |
Ace of the Deep
![]() Join Date: Jan 2006
Posts: 1,140
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![]() Quote:
I've actually explained it (and you have ignored it), but to get to criminality, you need to satisfy all the elements of the crime, and so, OK, he brandished with intent - as it is, we are talking a misdemeanor here. Then justifications must be absent or inadequate. Self-defense is one of the justifications, and the unifying condition of all justifications is proportionality. Since Sterling actually used zero violence (OK, you can quibble over wide and narrow definitions of "violence" but at least you can say that and that's more than what the police managed), proportionality is guaranteed. Since his action is justifiable, the only thing one can do, from a criminal law perspective, is to call it a "non-crime". |
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