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can't drop the charge?

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09-12-2014 , 11:59 PM

Mat Sklansky

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If my research is correct, I cannot drop a charge of assault in the US even if I want to. Should you be allowed to do so? And I mean you. If a cop sees you get your balls kicked to the point of hospitalization after you call your girlfriend a ****, should you have the option of telling the justice system that you prefer to not see her face charges?

09-13-2014 , 12:37 AM

dessin d'enfant

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I think for criminal stuff the state/society as a whole has a vested interest in person being punished and it isn't at the sole discretion of the victim.

09-13-2014 , 12:44 AM

Trolly McTrollson

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And we're done in two. Great thread, everyone. Be sure to tip your servers.

09-13-2014 , 12:51 AM

David Sklansky

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Should it be a crime not to press charges?

09-13-2014 , 12:58 AM

AsianNit

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I like the idea of rich people not being allowed to buy their way out of jail.

09-13-2014 , 01:17 AM

Trolly McTrollson

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Quote:

Originally Posted by David Sklansky

Should it be a crime not to press charges?

No, and that's certainly not a good description of what's happening.

09-13-2014 , 01:18 AM

Trolly McTrollson

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Like, if I get murdered and am unable to press charges bc I'm dead, should my killer go free?

09-13-2014 , 01:30 AM

spanktehbadwookie

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It is a weird spot if the assault happened in front of bystanders. Witnessing violence is like a pandora topic.

I can understand a private matter, even one of violence, to be left settled outside the penal justice system. The social/individual dynamic of the situation to force the charge in all instances is peculiar to me.

Can a finer point of law settle it?

09-13-2014 , 03:04 AM

airwave16

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like dessin said, the prosecutors make the call. in borderline cases, they often defer to the victim's wishes, but they are still the ones making the final decision.

09-13-2014 , 03:47 AM

#10

JohnyCrash

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Its a good law. Too many women were dropping the charges is the past allowing for prolonged cycles of abuse.

09-13-2014 , 08:18 AM

#11

Mat Sklansky

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I didn't ask if you all thought the law was good for others. I asked if it was good for you in that situation. I used assault because that's the topic of the day. But it's more an exercise in identifying one's hypocrisy.

I think it's probably a good law most of the time, but I wouldn't want it applied to myself. I don't think it should be legal for people to have children in many situations. I certainly wouldn't want somebody else making that decision for me. Etc...

09-13-2014 , 09:10 AM

#12

DudeImBetter

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Quote:

Originally Posted by Mat Sklansky

I don't think it should be legal for people to have children in many situations.

I nervously ask for more information, readying myself for a cringe...

09-13-2014 , 09:28 AM

#13

Mat Sklansky

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Quote:

Originally Posted by DudeImBetter

I nervously ask for more information, readying myself for a cringe...

I think any people who don't have the time, desire, intelligence, moral capacity and financial ability to be a good parent should not be allowed to have children.

I bet everyone agrees. But do you want me or anyone else defining enough time, money and desire? I've done it for myself and concluded I don't want children.

I like to think about all laws in those terms before deciding anything should really be a law.

09-13-2014 , 09:31 AM

#14

DudeImBetter

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Jesus man, just for starters, intelligence? Financial means? You would have to be extremely careful when fleshing this out to not sound like a covert eugenics advocate or something.

09-13-2014 , 09:36 AM

#15

Mat Sklansky

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You disagree that parents should have those traits? What person when deciding to have a child says, "I'm too poor and stupid to be a parent, but I'm going to do it anyway?"

My whole point is that the individual is the one who defines these things. I realize this is just another way of starting a conversation about libertarianism which has been discussed to death. So never mind.

09-13-2014 , 09:40 AM

#16

DudeImBetter

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No, but "traits parents should have" isn't the discussion you're starting. You're starting a discussion about forbidding/outlawing poor and "unintelligent" people from reproducing.

09-13-2014 , 09:43 AM

#17

Mat Sklansky

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no i wasn't.

09-13-2014 , 09:44 AM

#18

DudeImBetter

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Quote:

Originally Posted by Mat Sklansky

I think any people who don't have the time, desire, intelligence, moral capacity and financial ability to be a good parent should not be allowed to have children.

???

09-13-2014 , 10:02 AM

#19

jjshabado

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DiB - Do you not get the difference between thinking people shouldn't do 'X' and thinking its ok to force people not to do 'X'?

09-13-2014 , 10:17 AM

#20

DudeImBetter

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I get it. Mat said people of inadequate intelligence / financial means should not be allowed to reproduce. As in others, assumably, should disallow these people from reproducing.

09-13-2014 , 10:31 AM

#21

jjshabado

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Quote:

Originally Posted by DudeImBetter

I get it. Mat said people of inadequate intelligence / financial means should not be allowed to reproduce. As in others, assumably, should disallow these people from reproducing.

Quote:

Originally Posted by Mat Sklansky

My whole point is that the individual is the one who defines these things.

09-13-2014 , 10:38 AM

#22

jjshabado

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Quote:

Originally Posted by Mat Sklansky

I'm torn. On one hand, in your hypothetical the girlfriend should be charged purely for the public good if for nothing else (tracking a history of violence). So by forcing the charge it resolves me of any guilt in making that decision. On the other hand, if the main benefit is just resolving me of guilt, that seems kind of lame.

09-13-2014 , 11:45 AM

#23

TheDuker

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Join Date: Oct 2013 Posts: 1,388

Quote:

Originally Posted by jjshabado

DiB - Do you not get the difference between thinking people shouldn't do 'X' and thinking its ok to force people not to do 'X'?

I think there's room for confusion here since Mat started by saying "I don't think it should be legal for..."

On the topic, maybe a "visible injuries" standard would be a way to split the difference. Spitting, shoving, slapping = some victim discretion. Punching, bruising, scratching, broken bones = automatic arrest and prosecution.

Ball-busting to the point of hospitalization would be in the second category.

09-13-2014 , 11:48 AM

#24

DudeImBetter

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This can easily transition to discussion of how rape claims are/"should be" managed by law enforcement, but I won't pursue that derail line any further lol.

09-13-2014 , 11:49 AM

#25

Anais

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Oh, please do. In fact, did you ever hear back from RAINN? If you did, please post the response at least here, but also preferably in the worst poster's bracket you're in. kthxbi

Quote:

Originally Posted by jjshabado

DiB - Do you not get the difference between thinking people shouldn't do 'X' and thinking its ok to force people not to do 'X'?

You shouldn't vote for the Republican party.

You shouldn't be allowed to vote for the Republican party.

_____________________

You get why these are completely different statements, right?

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