reply to post by SaturnFX
The age of the attackers is going to be irrelevent, as will the gender. He has every right to defend himself using reasonable force.
With that being said though, DC is Federal so their laws are gonna be somewhat different. I am not sure if a person has a right to stand their ground
in DC. Some states require individuals to retreat if they can do so, while other states do not have a requirement for individuals under attack to
retreat.
If there is no duty to retreat then the guy is justified in defending himself in a manner that is reasonable, which means up to and including death if
the situation is bad enough (weapons involved (gun/knife/club/sock with quarters/ ec etc).
If there is a duty to retreat, and the victim has opprotunities to disengage, he would be required under law to take those opprotunities and end the
encounter. Failure to retreat when a person can might result in charges against the "victim" as well.
If there is a duty to retreat, but the victim is unable to, or the attackers dont allow. an opprotunity to retreat, then the vitcims actions to defend
himself is valid and justifiable.
This has been an issue in several states where crimes are comitted by minors. It was so bad in one state that a law was passed where if adults use a
minor to commit a crime, then the adults will be charged with that crime whether they were present ofr it or not. In some areas the change was because
of gangs, in others it was because of theft rings.
There is a disconnect with people in terms of what they can and cannot do when dealing with minors, and to an extent partial fault lies with Schools
and Family Services who teach children that an adult cannot touch them in any manner (disciplinary actions), which is techniclly not correct. This
leads to children who are under the wrong impression they can do what they want because their parents / guardians cannot do anything to stop them
outside of being told to stop.
If I were the officer investigating we woud interview witnesses, the victim, gather all CCTV / cell phone video etc. Since the assailants are minors,
and again depending on state, parents would have to consent to their children being interviewed, and in other states only a juvenille officer can
interview children.
If at the end the evidence supports the charge the minors attacked the guy, the next step would be to look at the severity of the attack and what if
any injuries occured. The reason for this is to determine if the minors should be charged as minors, or if they should be charged as adults.
Long story short - whether the attacker is 14 or 84, a person has a right to defend themselves from an assault. The manner in which that defense can
occur is dependant upon what state you are in (duty to retreat vs duty to not retreat).
(Note - The link below will take you to WestLaws site. The District contracts with this group to update and maintain their criminal statue database -
The link is the offical site of DC Criminal Law).
Criminal
Codes of the District of Columbia
Side Note - (In any statute you will find laws that contain 2 key words - OR as well as AND. If it uses OR, the law is stating there are different
levels not reliant upon each other in order to commit a crime. If AND is used, in order to be in violation of that law, a person must meet ALL
criteria listed)
Division IV - Title 22 - Subtitle I - Chapter IV
Assault
22-404 Assault or threatened assault in a menacing manner; stalking.
a)(1) Whoever unlawfully assaults, or threatens another in a menacing manner, shall be fined not more than $1,000 or be imprisoned not more than
180 days, or both.
(2) Whoever unlawfully assaults, or threatens another in a menacing manner, and intentionally, knowingly, or recklessly causes significant bodily
injury to another shall be fined not more than $3,000 or be imprisoned not more than 3 years, or both. For the purposes of this paragraph, the term
"significant bodily injury" means an injury that requires hospitalization or immediate medical attention.
This is from Criminal Statutes and is listed with the possibility they will be charged as an adult. If they are not, it will fall under juvenile law,
and there is no telling what they can and cannot do in that system.
edit on 8-1-2011 by Xcathdra because: (no reason given)
edit on 8-1-2011 by Xcathdra because: (no reason given)