[Vision2020] For the love of the Code!

[Jennifer McFarland]

Mr. Moffett,
 
My experience in the court system here is that (basically) until the person
has his fist balled up and is standing within 21 feet of you, it is neither
proximal nor imminent.  We'd look at any charges on a case by case basis and
we look at the totality of the circumstances with each case.  It is for
those reasons that we do not speculate about whether or not something
"would" be a threat "were" it to happen.  If someone on this venue thinks he
or she has been assaulted he/she needs to report that specific case to the
law enforcement agency having jurisdiction--not toss around legal jargon
intending to counter-intimidate.
 
--Jennifer
 

PIO Jennifer L. McFarland
Latah County Sheriff's Office
Public Information Officer
PO Box 8068
Moscow, Idaho 83843
(208) 882-2216
Fax (208) 883-2281

Truth is the summit of being; justice is the application of it to affairs.
***Ralph Waldo Emerson

  

 

  _____  

From: vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com]
On Behalf Of Ted Moffett
Sent: Friday, May 19, 2006 11:08
To: Jennifer McFarland
Cc: vision2020 at moscow.com; heirdoug at netscape.net
Subject: Re: [Vision2020] For the love of the Code!


Jennifer et. al.
 
How do you define "proximity?"  Recall the recent murder in Moscow and how
far the perpetrators came?  They were from the Seattle area, were they not?
 
And now "over the Internet" can mean someone can send voice, data and video
of whatever they choose, perhaps a more compelling form of communication
than receiving a message on a phone answering machine.  The Internet might
thus provide more "imminence.". 
 
It does seem though that communication on Internet list serves provides a
outlet for people to make statements of a very negative nature that we are
supposed to take with a grain of salt... as though the "speech" involved is
not meant to be taken seriously. 
 
This is an unfortunate approach to Internet list serves, which Vision2020
demonstrates.
 
Ted Moffett

 
On 5/19/06, Jennifer McFarland <jmcfarland at latah.id.us> wrote: 

Doug and V2020 folk,

The issue of what is and what is not assault (as it is stated in Idaho Code
and as it is interpreted in this jurisdiction) has been discussed and
revealed many times on this venue.  Making threats of the nature of what has
been posted here, as I've explained many times before, over the internet 
does not remotely constitute imminence.  Furthermore, without proximity, the
"apparent ability to do so" is highly suspect.  Again, I ask that people
report crimes to the appropriate law enforcement agencies when they feel as 
though one has been committed.  If you have a question as to whether or not
a threat on Vision 2020 is criminal, I am more than happy to answer that
even if it requires me to consult with the prosecutor.  Sunil is also very 
well versed in criminal law (more so than I).

--Jennifer


PIO Jennifer L. McFarland
Latah County Sheriff's Office
Public Information Officer
PO Box 8068
Moscow, Idaho 83843
(208) 882-2216 
Fax (208) 883-2281

Truth is the summit of being; justice is the application of it to affairs.
***Ralph Waldo Emerson


-----Original Message-----
From: vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com]
On Behalf Of heirdoug at netscape.net
Sent: Thursday, May 18, 2006 23:26 
To: vision2020 at moscow.com
Subject: [Vision2020] For the love of the Code!


Dear Blind 2020ers

In light of some of the verbal threats against various posters here I 
thought it might behoove us to re-read the pertinent Idaho Code:

TITLE  18
  CRIMES AND PUNISHMENTS
  CHAPTER 9
ASSAULT AND BATTERY
18-901. ASSAULT DEFINED. An assault is:
(a) An unlawful attempt, coupled with apparent ability, to commit a violent 
injury on the person of another; or (b) An intentional, unlawful threat by
word or act to do violence to the person of another, coupled with an
apparent ability to do so, and doing some act which creates a well-founded 
fear in such other person that such violence is imminent.

Thought this might help?

For the Love of the Code, Doug!

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