Dark Book - Blood and Cruelty

[Steve]

No: HPFGUIDX 177196

---  "lizzyben04" <lizzyben04 at ...> wrote:
>
> > Bart:
> > In the United States, there is a concept known 
> > as "fighting words". .... 
> 
> lizzyben:
> 
> Well, that's not true at all. Take it from an 
> American lawyer, here. "Fighting words" do NOT 
> entitle you to take a swing at someone or use 
> violence against them. ...
> 
> An assult is an assault, & if someone physically 
> assaults someone else, that person can be charged 
> criminally or sued in civil court. The excuse of "he 
> made me angry" does not cut it. And this is probably
> why I have such little sympathy for that argument in
> the Potterverse. Yeah, Draco made Hermione angry - 
> she still assaulted him. ...
> 
> 


bboyminn:

Draco didn't just talk to Hermione, he threatened her.
You as an American Lawyer must understand the 
difference between Assault and Battery. You can be
Assaulted without physical contact. Once physical 
contact occurs we move into the realm of Battery.

Draco threatened Hermione's life. If that makes 
Hermione reasonably fear for her safety and her
life, she is within her rights to defend herself,
and her friend are withing their rights to assist
in defending her since Draco has two very big goons
with him. 

The point is /words/ CAN constitute an assault, and
once assaulted, once you reasonably fear for your
life and/or bodily safety, you are allowed to defend
yourself.

Draco is the provoker. He is the initiator. He 
continual creates situations where others are 
threatened and intimidated, and he pay a price for
that. That is Draco's only problem. He can start a
fight, he just can't finish it. Not unless the
advantage is massively on his side. 

This is classic bullying behavior. Tease and taunt
and poke and prod and provoke beyond endurance and
when the victim defends themselves, the bully is 
always the first to cry foul. Yet, the victim as
suppose to quietly endure the bullying and stick to
the Code of the Playground.

Screw that. If Draco can't accept the heat, then
maybe he should back off a little. You can't provoke
people then whine when they are provoke to action.

A little playground taunting is one thing, but out
and out threats and intimidation call for action. 
When no authorities are there to act on your
behalf, then you are compelled to act for yourself. 

There is a line that must be drawn in the sand that
tells bully that you have your limits. You will
tolerate their thuggish behavior up to a point, but
pushed beyond that point, you will defend yourself
WITH EXTREME PREJUDICE.

So says I.

Steve/bboyminn