this post was submitted on 01 Jul 2024
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[–] DragonTypeWyvern@midwest.social 15 points 1 month ago (2 children)

Him. Provocation is usually a mitigating factor, but not a complete defense, and it's not like she just randomly threw a drink at him, there was an argument leading to it.

Even when it would be a defense it certainly wouldn't excuse him in this circumstance.

https://en.m.wikipedia.org/wiki/Provocation_(law)

[–] awesome_lowlander@lemmy.dbzer0.com 2 points 1 month ago* (last edited 1 month ago) (2 children)

Thanks, that's the first I've heard of this legal concept.

It may be ... sufficient to justify an acquittal, a mitigated sentence or a conviction for a lesser charge. ... In extremely rare cases, adequate provocation has resulted in the defendant never being charged with a crime. In one famous example

Though in this case, doesn't throwing a drink at somebody in itself constitute an offense of some sort? Could both parties not be prosecuted? I suppose AG bias might come into play then?

[–] theangryseal@lemmy.world 4 points 1 month ago (1 children)

What’s the famous exaaaaammmmmpppple?!

:p

[–] awesome_lowlander@lemmy.dbzer0.com 8 points 1 month ago (1 children)

Buzz Aldrin, punching a flat earther

[–] theangryseal@lemmy.world 3 points 1 month ago

You’re the best!

[–] DragonTypeWyvern@midwest.social -1 points 1 month ago (1 children)

If he hadn't assaulted her he might have been able to make her pay his dry cleaning bill.

You can stop pretending to be a JAQing off American, btw. You outed yourself to all the native speakers.

[–] awesome_lowlander@lemmy.dbzer0.com 1 points 1 month ago (1 children)

I live in Norway, who's pretending? Not my fault if you make assumptions.

If he hadn’t assaulted her he might have been able to make her pay his dry cleaning bill.

Yes? I don't quite get the hostility. I'm curious about the legalities, nothing more.

[–] DragonTypeWyvern@midwest.social -1 points 1 month ago (1 children)

Here's a hint: stop editorializing when you're JAQing it. Makes it a little obvious.

I honestly have no idea what you're trying to say. I appreciated your 1st explanation. The rest, IDK what's up with it.