man punched into a coma over a parking space

[her209]

The man is only 4'11" and under a 100 lbs. He was saving a parking spot for his friend when another driver tried to park in the spot he was standing in. The driver, a much bigger person, gets out of his car and an altercation begins and the man is punched once and he falls to the ground is knocked out in a coma.

Not knowing the sex of the driver or who started the altercation, in what situation should the driver be charged with assault?

A. Driver is a male, driver starts the fight.
B. Driver is a male, driver didn't start the fight.
C. Driver is a female, driver starts the fight.
D. Driver is a female, driver didn't start the fight.

 

[randay]

i wish i could punch someone into a coma through the internets.

 

[Number1]

What were their sexual orientation?

 

[Jeeebus]

apparently the secret to reaching 50,000 posts is quantity over quality

 

[Bill Brasky]

Anyone that punches someone into a coma should be charged with assault if it's not self defense. /thread

 

[Geekbabe]

the person who exited their vehicle and began to approach a stranger to escalate the confrontation is the one at fault here.. regardless of gender

 

[Malak]

Punching isn't self-defense, it is retaliation. All situations apply to assault.

 

[Amused]

the person who exited their vehicle and began to approach a stranger to escalate the confrontation is the one at fault here.. regardless of gender

This fails simply because an individual in a public place has every right to speak their mind.

The poll is a failure, because we cannot tell who became violent first. Until we can determine who threw the first punch, the case is unsolvable.

And yes, I understand the point of this thread.

 

[Linflas]

Anyone that gets out of their vehicle and punches another person over something as trivial as a parking space deserves to be charged with assault regardless of the sex of the person that was punched.

 

[Malak]

This fails simply because an individual in a public place has every right to speak their mind.

Speaking your mind for the intended purpose of creating a conflict might be a right, but it isn't right. The person getting out of the car started it, no matter what. The poll is inaccurate.

 

[zinfamous]

any man who is 4'11" should be given no entitlement. 4'11", really? I mean, one might think this was a kid. but if upon discovery it turns out to be a an adult (non-dwarf) male, whatever. just push them out of the way.

:\

 

[her209]

Punching isn't self-defense, it is retaliation. All situations apply to assault.

Are you serious?

 

[ElFenix]

This fails simply because an individual in a public place has every right to speak their mind.

The poll is a failure, because we cannot tell who became violent first. Until we can determine who threw the first punch, the case is unsolvable.

And yes, I understand the point of this thread.

getting out of your car instead of just rolling down the window is the start of escalating.

if someone gets out of their car, particularly if they'd already talked to me through the window, that's go time right there. fighting words are not protected speech.

 

[her209]

getting out of your car instead of just rolling down the window is the start of escalating.

I'd argue that standing in a parking spot and refusing to move when its obvious someone is trying to park there is the start of the confrontation.

 

[ShawnD1]

What were their sexual orientation?

This. Sending gay men to jail completely eliminates the point of having Federal Pound Me In The Ass Prison (FPMITAP).

Both the drive and the person standing on the road should be put to death. Fewer people = more parking spaces for me. And less traffic. And I get to buy their car at auction. Hopefully it's a Subaru Impreza with a manual transmission.

 

[ShawnD1]

I forgot to ask what race they are. Whichever one is black is obviously the more aggressive one.

 

[Malak]

Are you serious?

Absolutely. Self-defense would be leaving. If they weren't interested in a fight, they wouldn't have gotten out of the car to begin with. If they punched the other person, they had every intention from the start to do so if the opportunity presented itself. You make it sound like they had no choice, when they had multiple choices leading up to it and continued to choose conflict. They intentionally assaulted the person and deserve the punishment as set by the ruling government of the land, because that is how laws work.

 

[Linflas]

I'd argue that standing in a parking spot and refusing to move when its obvious someone is trying to park there is the start of the confrontation.

And you think you are legally entitled to do anything other than run your mouth at the person blocking the space? Your remedy is to either find another space or call the police, that is what they are for. You are not entitled to physically assault someone in any manner be it a push or a punch unless you are countering a physical assault on you.

 

[her209]

And you think you are legally entitled to do anything other than run your mouth at the person blocking the space? Your remedy is to either find another space or call the police, that is what they are for. You are not entitled to physically assault someone in any manner be it a push or a punch unless you are countering a physical assault on you.

I'm legally entitled to the open parking spot per the law. The person standing there is not. There's nothing illegal about getting out of your car and telling or yelling at the person to move.

 

[Malak]

I'm legally entitled to the open parking spot per the law. The person standing there is not. There's nothing illegal about getting out of your car and telling or yelling at the person to move.

The point is common courtesy. They decided to hold the spot for a friend, so you acquiesce and move on. Choosing to create a conflict is never appropriate in this situation. You can just as easily go get a different spot and avoid the mess. You gain NOTHING by creating a conflict.

I teach basic conflict avoidance to people with an IQ of 50.

 

[Chrono]

Wait... I thought this was a woman?... wtf

 

[Amused]

getting out of your car instead of just rolling down the window is the start of escalating.

if someone gets out of their car, particularly if they'd already talked to me through the window, that's go time right there. fighting words are not protected speech.

Fighting words are VERY specific. Telling someone they are in the wrong for standing in a parking spot is not in and of itself "fighting words." Getting out of the car so you don't have to yell like a savage is not in and of itself an escalation.

Ya know, this is why people are so fucking rude, because NO ONE is willing to call people out anymore. Living in So-Cal now, I miss the medium to small cities I used to live in. There, people had respect for each other. Here, the main attitude is "fuck you, me first." Why is there a difference? In the smaller cities you'll regularly be told you're rude. In the big cities people ignore you.

 

[moshquerade]

I'm legally entitled to the open parking spot per the law. The person standing there is not. There's nothing illegal about getting out of your car and telling or yelling at the person to move.

what about a person who saves a seat for their friend or a whole row of seats. "These are taken". I hate that when I am trying to find a place to sit down, and someone is saving all the free seats. But, I move on. Why start controversy that isn't going to end with me getting the seat anyway?

 

[Amused]

The point is common courtesy. They decided to hold the spot for a friend, so you acquiesce and move on. Choosing to create a conflict is never appropriate in this situation. You can just as easily go get a different spot and avoid the mess. You gain NOTHING by creating a conflict.

I teach basic conflict avoidance to people with an IQ of 50.

No, what you teach is how to enable rude people.

 

[Linflas]

I'm legally entitled to the open parking spot per the law. The person standing there is not. There's nothing illegal about getting out of your car and telling or yelling at the person to move.

Did I say there was? Reading comprehension would help in this case. Note the use of the words "punch" and "physical" and phrase "run your mouth". As you said there is nothing illegal about getting out of your car and verbally confronting the person (other than leaving your car stopped in the middle of a public street) however if you choose to escalate it to the next level and lay your hands on that person in any manner you are no longer acting in a legal manner unless you are countering a physical assault by the other person.