[Vision2020] For the love of the Code!
g. crabtree
jampot at adelphia.net
Sat May 20 08:14:21 PDT 2006
Please, lets get something straight and put an end to the nonsense about what is and is not battery or assault with regard to Joe's little nastygram. I never at any time considered for so much as a second filing a complaint. I tossed around no "legal jargon" and I made no attempt to "counter-intimidate." While I don't believe for a second that the threat was a joke made in all good fun, my only concern was for Joe hurting one of his dainty little fingers when it came in contact with my face. Damaged digits would make it difficult for the poor, abused dear to peck out his next epistle on tolerance after all. For what its worth, I readily accept Joe's apology such as it was and I am sorry that he feels he's such a victim. I thought that Joisey Boys were supposed to be made of sterner stuff. Apparently, another myth busted. Call Adam & Jamie. All this having been said, how's about we leave this spot of unpleasantness in the archives and move forward with fresh foolishness. My sadistic streak yearns to bait some new, wide eyed innocent into fits of apoplexy. (Imagine the sound of hands being rubbed together briskly while slathering chops are licked in antici.....pation.)
gc
----- Original Message -----
From: Jennifer McFarland
To: 'Ted Moffett' ; vision2020 at moscow.com
Sent: Friday, May 19, 2006 3:22 PM
Subject: RE: [Vision2020] For the love of the Code!
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
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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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http://www.fsr.net
mailto:Vision2020 at moscow.com
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