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Old 12-27-2016, 06:42 PM
 
Location: Lone Mountain Las Vegas NV
18,058 posts, read 10,350,196 times
Reputation: 8828

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Quote:
Originally Posted by Bitey View Post
You're not just "pointing out that it is a complex and difficult situation." You've already distilled that "complex and difficult situation" down to a 5 million dollar settlement in favor or the kid. When it comes to making a value judgment of the situation, it doesn't get more clear-cut than putting a specific dollar value on it.
That is a personal opinion that is almost regardless of the legal outcome. I do not believe any government will ever stoutly defend such an action. And in fact the settlement could be even greater if the kid survives highly damaged.

A good practical reason why you don't want to shoot kids at school.
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Old 12-27-2016, 06:43 PM
 
Location: SE Asia
16,236 posts, read 5,880,554 times
Reputation: 9117
It's tragic that the boy was shot. It's also tragic that he was subjected to bullying by his peers. I will never believe that the bullying was never observed by the teaching staff. It happened often enough when I was in school. It's amazing what the staff doesn't see depending upon who is doing it.
That said. I don't expect any police officer to get stabbed, slashed or foolishly risk their life, in hopes that the person with the weapon will suddenly come to their senses. Could he have used a taser, mace or tried to talk some sense into the boy? I wasn't there I don't know.
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Old 12-27-2016, 06:48 PM
 
Location: Brackenwood
9,981 posts, read 5,681,961 times
Reputation: 22138
Quote:
Originally Posted by lvmensch View Post
That is a personal opinion that is almost regardless of the legal outcome. I do not believe any government will ever stoutly defend such an action. And in fact the settlement could be even greater if the kid survives highly damaged.

A good practical reason why you don't want to shoot kids at school.
It's not just a personal opinion, it's a legal analysis. A rather poor one I might add.
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Old 12-27-2016, 06:48 PM
 
Location: world
1,529 posts, read 916,287 times
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Quote:
Originally Posted by suzy_q2010 View Post
The responding officer was supposed to deduce all that from just looking at the kid?

"Wimpy" or not, he had two knives, which he was brandishing vigorously.
It will be explained to you very quickly that European, and especially British police officer are so highly trained that they would correctly assess the situation within split seconds and resolve it without any blood shed.
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Old 12-27-2016, 06:57 PM
 
Location: world
1,529 posts, read 916,287 times
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Quote:
Originally Posted by Bitey View Post
It's not just a personal opinion, it's a legal analysis. A rather poor one I might add.
So it is all about money.
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Old 12-27-2016, 07:07 PM
 
Location: world
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Quote:
Originally Posted by Brave New World View Post
Meanwhile in the rest of the world......

Brave and stupid.
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Old 12-27-2016, 07:22 PM
 
Location: Lone Mountain Las Vegas NV
18,058 posts, read 10,350,196 times
Reputation: 8828
Quote:
Originally Posted by Bitey View Post
It's not just a personal opinion, it's a legal analysis. A rather poor one I might add.
Of course it is a personal opinion. Based on watching lots of governments deal with such problems. And as I said it has little to do with the legal outcome. You have a 14 year old apparently permanently damaged if he survives.

The legal analysis will deal with the guilt or innocence of the kid and the officer

And then we will have a royal political battle over the performance of the school system.

I would also note on the kid as the aggressor discussion that he had a bloody nose...apparently inflected in an encounter that led to the affair. So are we suggesting that a kid started this by hitting the oother kid in the fist with his nose?
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Old 12-27-2016, 07:39 PM
 
Location: NW Nevada
18,160 posts, read 15,632,241 times
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Quote:
Originally Posted by lvmensch View Post
Which he had every right to do if engaged in self defense.

And yes the officer is compelled to immediately assess the situation and do the right thing. And yes he will be second guessed afterward. That is the standard practice.

Where are you getting this stuff? Seriously..you don't have a clue about US law let alone Washoe county NV. The kid had NO, ZERO, NADA "right" to even have those knives on his person, let alone wave them around, self defense or no. OFF school grounds, let alone ON school grounds during school hours. A person has to be 18 to buy a knife and carrying ANY weapon onto school grounds is illegal even for an adult. End of line.


This " self defense" bit is getting rank in rigor man. That is about as wild an assumption as I've ever seen. The kid was in violation of state, and local LAW as well as school policy. It's a serious crime to bring weapons onto school grounds. Do you honestly think those laws didn't apply because he was being bullied? Look, I went into enough detail earlier about how self defense works around here. And yes, I DO know the laws.


The kid had committed a criminal act by hiding those knives on his person and leaving the house, then another one by bringing them onto school grounds (add another if he rode the bus) and the committed another by pulling them out, another when he cut the other kid, yet another when he started waving them around....I could go on. You need to just STOP. You do NOT know what you're talking about. There is no provision of armed self defense here. None!


There are a few crimes attached to his actions. One or two. Serious ones. And should he be found competent and cognizant of his actions, it won't go well for him. An affirmative defense of mental impairment is his only hope. If that doesn't fly, he's going away for a spell. Fighting bare knuckled on school grounds usually see both aggressor and defendant disciplined, with weapons involved, whole new ball game. The kid had no right to any of his actions. Especially the knives.
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Old 12-27-2016, 08:08 PM
 
Location: Lone Mountain Las Vegas NV
18,058 posts, read 10,350,196 times
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Quote:
Originally Posted by NVplumber View Post
Where are you getting this stuff? Seriously..you don't have a clue about US law let alone Washoe county NV. The kid had NO, ZERO, NADA "right" to even have those knives on his person, let alone wave them around, self defense or no. OFF school grounds, let alone ON school grounds during school hours. A person has to be 18 to buy a knife and carrying ANY weapon onto school grounds is illegal even for an adult. End of line.
Of course. As you and I both know he was in violation of any number of NV statutes. Where is it in the NV self defense statute that becomes an issue? You could I guess claim that merely having the knives means he was engaged in a criminal activity. But I would suspect that, while he was potentially guilty of an offense it has no bearing on him using whatever he has available in self defense. Might even mitigate the charge as it turns out he really did need to be armed at school. Hey as a second amendment lover you should be pleased.


Quote:
This " self defense" bit is getting rank in rigor man. That is about as wild an assumption as I've ever seen. The kid was in violation of state, and local LAW as well as school policy. It's a serious crime to bring weapons onto school grounds. Do you honestly think those laws didn't apply because he was being bullied? Look, I went into enough detail earlier about how self defense works around here. And yes, I DO know the laws.
Kid can absolutely be charged with numerous violations of the NV statutes. You really think you could get a Reno jury to convict him after he gets a bloody nose from a bullying encounter...particularly if there is a long established bullying complaint? Now I begin to realize why you don't like lawyers. You can't bear to see the obvious occur.

Quote:
The kid had committed a criminal act by hiding those knives on his person and leaving the house, then another one by bringing them onto school grounds (add another if he rode the bus) and the committed another by pulling them out, another when he cut the other kid, yet another when he started waving them around....I could go on. You need to just STOP. You do NOT know what you're talking about. There is no provision of armed self defense here. None!
Nothing in the self defense statute that requires your defense be legal. You may be charged with a crime as well if you pull an illegal machine gun to shoot up a jihadist massacring people in a church. But I suspect it will be difficult to gain a conviction in an American court. Had a friend who boated widely who had a well concealed 50 caliber built into his boat. If he used it in most waters he would likely be committing a crime. Still though...beats the hell out of being boarded by pirates.

Quote:
There are a few crimes attached to his actions. One or two. Serious ones. And should he be found competent and cognizant of his actions, it won't go well for him. An affirmative defense of mental impairment is his only hope. If that doesn't fly, he's going away for a spell. Fighting bare knuckled on school grounds usually see both aggressor and defendant disciplined, with weapons involved, whole new ball game. The kid had no right to any of his actions. Especially the knives.
In Nevada? You got to be kidding. I have only live here 21 years but I have lots of experience in Carson City as well as LV. Kid is practically a folk hero. No way on earth to get an upstate NV jury to convict him of anything.

I am actually surprised how little you understand NV. Thought you were a local.
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Old 12-27-2016, 08:53 PM
 
Location: world
1,529 posts, read 916,287 times
Reputation: 669
Quote:
Originally Posted by lvmensch View Post
Of course. As you and I both know he was in violation of any number of NV statutes. Where is it in the NV self defense statute that becomes an issue? You could I guess claim that merely having the knives means he was engaged in a criminal activity. But I would suspect that, while he was potentially guilty of an offense it has no bearing on him using whatever he has available in self defense. Might even mitigate the charge as it turns out he really did need to be armed at school. Hey as a second amendment lover you should be pleased.




Kid can absolutely be charged with numerous violations of the NV statutes. You really think you could get a Reno jury to convict him after he gets a bloody nose from a bullying encounter...particularly if there is a long established bullying complaint? Now I begin to realize why you don't like lawyers. You can't bear to see the obvious occur.



Nothing in the self defense statute that requires your defense be legal. You may be charged with a crime as well if you pull an illegal machine gun to shoot up a jihadist massacring people in a church. But I suspect it will be difficult to gain a conviction in an American court. Had a friend who boated widely who had a well concealed 50 caliber built into his boat. If he used it in most waters he would likely be committing a crime. Still though...beats the hell out of being boarded by pirates.



In Nevada? You got to be kidding. I have only live here 21 years but I have lots of experience in Carson City as well as LV. Kid is practically a folk hero. No way on earth to get an upstate NV jury to convict him of anything.

I am actually surprised how little you understand NV. Thought you were a local.
I hope you are not a defense lawyer or any kind of lawyer. If you are, heaven help a potential client.
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