• Rivalarrival@lemmy.today
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    15 hours ago

    The kick did not piss you off.

    It certainly did. That’s what “questionable” means here. It means that before applying the legal precedent of “innocence until proven guilty” and “benefit of a reasonable doubt”, my immediate, snap judgment was to be pissed off at the kick. Only after closely considering the circumstances of the kick did I arrive at the conclusion of “questionable”. I, personally, don’t think the kick was necessary at that moment. But, in this context, I can’t definitively conclude that. I provided a hypothetical mindset where his actions would be reasonable. If those circumstances were present in his trial, I would have to afford him reasonable doubt and acquit.

    On the other hand, if she’s the one on trial, I would have to afford her reasonable doubt, and conclude that the kick was unjustified. I don’t think that kick would significantly affect the outcome of her trial, but I would consider it in her favor regardless.

    • deft
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      15 hours ago

      Lmfao trying to change the definition of a word so you can backtrack, nah man. Fuck off. You were practically spitting on this woman’s actions with your words in this thread and acted like her touching a bottle twice was ASSAULT!!! You wrote page after page of text to justify his actions.

      You’re disgusting and now you’re pathetic too. Shut the fuck up.

      • Rivalarrival@lemmy.today
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        14 hours ago

        I am, indeed, “spitting on this woman’s actions”, regardless of my anger toward him. I found one minor and one potential fault in his actions. I found several serious faults in hers. I have carefully, and dispassionately evaluated the scenario, and I have found considerable fault on her part.

        I am continuing to discuss it only to ensure that I have thoroughly explored all reasonable possibilities.

        • deft
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          14 hours ago

          Disgusting piece of shit lol

    • deft
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      15 hours ago

      For context:

      This is what you said.

      She grabbed his drink. Assault.

      She tried to stand back up; he kicked her back to the ground. Questionable

      You’re a fucking moron.

      Questionable here means you’re mad? You fucking absolutely disgusting shit. Shut the absolute fuck up

      • Rivalarrival@lemmy.today
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        15 hours ago

        Here, questionable does, indeed, mean that I’m pissed off about the kick. As I said, my initial knee-jerk reaction was to condemn him for the kick. “Questionable” arises from one hypothetical possibility that would make my anger inappropriate. Legal doctrine requires the assumption of that hypothetical possibility until conclusively proven otherwise.

        • deft
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          14 hours ago

          No it doesn’t stop trying to change definitions. You played defense for this man’s actions and straight accused her of assault.

          Legal doctrine requires the assumption of that hypothetical possibility until conclusively proven otherwise.

          You keep trying to sound like you know the law and you don’t. You’ve proven that with your misunderstanding of what intent means. Shut up

          • Rivalarrival@lemmy.today
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            14 hours ago

            and straight accused her of assault.

            I continue to straight up accuse her of assault. Two counts of simple assault, two counts of battery, one count of assault with a deadly weapon.

            I continue to defend his initial push, as well as the final shove. I do not defend the throwing of the liquid in her face: It was provoked, but it was unjustified. I provided a reasonable doubt as to the kick; his kick is only defensible if that doubt exists.

            You keep trying to sound like you know the law and you don’t.

            The law requires the accused be presumed innocent until proven guilty beyond a reasonable doubt. I have incorporated that standard into my analysis.

            You’ve proven that with your misunderstanding of what intent means.

            Intent is not particularly relevant here. Only justification is relevant. The only unjustified acts of his were the throwing of the liquid (which was a provoked act and likely excusable) and possibly the kick (which could potentially be considered justifiable as I have previously described.)

            Her unjustified acts include the initial grabbing of the glass, the initial striking with the hands, and the continued menacing with the beer bottle.

            Is there some part of this that I have not properly or adequately considered?

            • deft
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              11 hours ago

              intent is not particularly relevant here. Only justification is relevant

              Holy shit you’re stupid you genuinely do not understand what intent means in a legal sense.

              Intent is justification you moron. You didn’t Google it once.

              • Rivalarrival@lemmy.today
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                10 hours ago

                I have read this article on general intent and this article on specific intent. I have also read this article on justification as well as this article on self defense which also discusses justification.

                Intent and justification are two separate concepts. “Intent” refers to the actor’s internal state of mind. “Justification” refers to the external conditions the actor faces at the time of the action.

                As we cannot know the contents of the minds of either participant (nor can the participants know the minds of eachother) “intent” is not the relevant model for this discussion.

                • deft
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                  10 hours ago

                  YOU’RE NOT A LAWYER.

                  I don’t care what the hell you read dude lmfao you’ve been running around with your chatgpt ass answers thinking you’re right and saying shit that you then contradict yourself with.

                  Remember when you said intent didn’t matter? Justification did? Fucking idiot.

                  Remember when you said she committed ASSAULT!!! and his actions were “questionable” and then it made you sad he kicked her?

                  You’re fucking stupid. Shut up and stop defending this man who absolutely committed assault three goddamn times.

                  • Rivalarrival@lemmy.today
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                    10 hours ago

                    Remember when you said intent didn’t matter? Justification did? Fucking idiot.

                    Yes. I do. And I stand by that, as I have explained.

                    Remember when you said she committed ASSAULT!!! and his actions were “questionable” and then it made you sad he kicked her?

                    Indeed. I remember both. And I remember that I’ve addressed every concern you’ve raised about those conclusions.

                    chatgpt

                    While I am reasonably certain that nobody reading along would actually think my comments are from chatgpt, I feel compelled to specifically deny that any of my published comments have been generated by any sort of LLM. The closest I have come to an LLM is the image of a rabbit with a “cigar cutter” I use as an avatar. I seem to recall criticizing various AI works in the past, and may have quoted or attached examples here on lemmy or in other media, but any such use would clearly delineate my content from any AI content. I cannot guarantee that external links I have provided are entirely devoid of AI content.