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Politics : Libertarian Discussion Forum -- Ignore unavailable to you. Want to Upgrade?

To: dave rose who wrote (4649)	2/6/2001 9:23:00 PM
From: Mama Bear	Read Replies (2) \| Respond to of 13056

Physical contact is not required for an assault to occur. Also, something has happened. A cannon has been aimed at someone's house. It is a cut and dried case of assault. BTW, the tagline I've always heard is that the right to swing your fist ends where my nose begins. I doubt that means that you also have the right to threaten me with physical violence. Regards, Barb

To: dave rose who wrote (4649)	2/7/2001 11:51:37 AM
From: The Philosopher	Respond to of 13056

You're mixing up assault with battery. Battery requires actual physical contact. Assault does not. Modern common law sometimes combines them in various levels of assault. But technically, assault is an attempt or threat to commit battery. In Washington, for example, assault can be committed in three ways. 1. an attempt to inflict bodily harm on another, coupled with an apparent present ability to do so. 2. Intentionally creating in another person reasonable apprehension and fear of bodily injury. It is irrelevant whether there was an actual intent as long as there was some physical act (not mere words) that create a reasonable apprehension that injury is imminent. 3. an intentional and undesired touching The second condition would apply here, assuming a court felt there was an intent to create apprehension of bodily injury. And it doesn't matter whether the cannon was unloaded or even inoperable; pointing an unloaded gun at somebody is assault. The essense of libertarianism is freedom for oneself AND OTHERS. You may not exercise your freedoms in a way which interfere with my right to exercise my freedoms. This one is cut and dried.