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Another ST Boston brawl- Tavarez vs. Gathright

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Postby Matthias » Thu Mar 30, 2006 8:15 pm

nuggets wrote:
kidnemisis wrote:
Matthias wrote:Similarly, a criminal defendant's boxing or martial arts experience may be relevant to determining the validity of a self-defense claim. For instance, in _Idaho v. Babbit_, 120 Idaho 337, 815 P.2d 1077 (Idaho App. 1991), the defendant shot the victim and claimed self-defense. The trial court admitted evidence regarding the defendant's past training and experience as a boxer, concluding that it was relevant to a determination of whether the defendant truly believed it was necessary to shoot the victim in order to protect himself and others. The Idaho Court of Appeals affirmed.

Documented: A criminal defendant's experience in boxing or the martial arts may be relevant to deciding whether the elements of a criminal offense have been proven.


http://tafkac.org/faq2k/legal_2007.html


owned.


Did we ride the short bus to the cafe today? How can you really post anything like you two have when something like this exists in your own post?


why? because a fact which goes to prove the objective reasonableness of someone's belief in the requirement for further force has nothing to do with whether or not a separate part of the law involving the definition of the classification of things as deadly weapons involves hands.

as an example, if someone is blind and an unarmed teenager who is joking around stands in front of them says, "i have a gun. give me your wallet or i'll shoot" and the blind guy reaches into HIS coat and shoots the teenager, the guy's blindness is relevant in the self-defense determination. that doesn't mean his blindness is a deadly weapon. capiche?

see my earlier advice: read. think. speak.
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Postby Matthias » Thu Mar 30, 2006 8:17 pm

nuggets wrote:
Matthias wrote:stop embarrassign yourslef and i'll stop embarassing you as well.

finding a random allusion to contradictory caselaw in one jurisdiction does not mean that something is common or accepted. here's a link for you.

http://www.fightingarts.com/reading/article.php?id=460

but if you really want to chase this rainbow, here's a publicly-available website for you to look up statutes and court decisions and you can prove up your martial-arts myth.

http://www.law.cornell.edu/

otherwise, probably best to just drop it. some of the best advice i've ever heard is the first rule of hole-digging: when you're in one, stop.


lol, I see you are out to win arguments today, rather than participate in discourse. You have created your own agrument with the registering boxers and martial artists stuff, you haven't addressed mine. I'm not saying anything like the myth which is addressed in your link is. I'm talking about the real world.

I know people who are nth degree blackbelts. Something they all are aware of is the risk that they can be considered deadly weapons in a court of law. It's a fact that the grey area exists and it's well documented. I'd be nice if you didn't create a fake argument as you haven't considered what I'm acutally saying.


taking a private message and pasting it into a public forum. nice.
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Postby nuggets » Thu Mar 30, 2006 8:17 pm

Matthias wrote:
nuggets wrote:
kidnemisis wrote:
Matthias wrote:Similarly, a criminal defendant's boxing or martial arts experience may be relevant to determining the validity of a self-defense claim. For instance, in _Idaho v. Babbit_, 120 Idaho 337, 815 P.2d 1077 (Idaho App. 1991), the defendant shot the victim and claimed self-defense. The trial court admitted evidence regarding the defendant's past training and experience as a boxer, concluding that it was relevant to a determination of whether the defendant truly believed it was necessary to shoot the victim in order to protect himself and others. The Idaho Court of Appeals affirmed.

Documented: A criminal defendant's experience in boxing or the martial arts may be relevant to deciding whether the elements of a criminal offense have been proven.


http://tafkac.org/faq2k/legal_2007.html


owned.


Did we ride the short bus to the cafe today? How can you really post anything like you two have when something like this exists in your own post?


why? because a fact which goes to prove the objective reasonableness of someone's belief in the requirement for further force has nothing to do with whether or not a separate part of the law involving the definition of the classification of things as deadly weapons involves hands.

as an example, if someone is blind and an unarmed teenager who is joking around stands in front of them says, "i have a gun. give me your wallet or i'll shoot" and the blind guy reaches into HIS coat and shoots the teenager, the guy's blindness is relevant in the self-defense determination. that doesn't mean his blindness is a deadly weapon. capiche?

see my earlier advice: read. think. speak.


This case doesn't directly support what I'm saying, but several do. I'm sure you can find them if you really want to. I did.

My advice is to chill out, calm down and really understand what people are saying. Don't jump to conlusions...
Last edited by nuggets on Fri Mar 31, 2006 2:29 am, edited 1 time in total.
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Postby itodd » Thu Mar 30, 2006 10:16 pm

ok back to the important stuff

is Gathright going to be playing opening day?
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Postby Omaha Red Sox » Thu Mar 30, 2006 10:42 pm

itodd wrote:ok back to the important stuff

is Gathright going to be playing opening day?


Everthing I've seen recently has him batting 9th.
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Postby AcidRock23 » Thu Mar 30, 2006 11:34 pm

nuggets wrote:
Matthias wrote:actually, that's a huge myth.


I never said anything about boxers, why would you post that article? It is true in most cases regarding nth degree black belts who often are trained to kill with their hands, rather than punch hard.


I am only a blue belt (purple on Sunday if all goes well... :-o ) but am pals w/ one of the instructors and I don't really think the intent of training is to kill with your hands. The training is to make yourself stronger, not to 'kill', kick some bootay or respond to effete pitch-slap attempts. Obvously, if you practice enough and become strong enough, killing would enter the picture but why bother. You kind of 'walk the earth, like Cain in Kung Fu...' ;-) :-D
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