Philosology: Defense Protocol

Friday, November 22, 2013

Defense Protocol

Watching the news several people do not know about Citizen's Arrest. Unsure of how everyone avoids this information there are frequent portrayals of proper procedure on television. There are two main parts to Citizen's Arrest: liability and evidence. Both are important if cases go to trial. Most of the time these cases never go to trial, yet being able to defend yourself makes it easier to go places without apprehension or self-degradation when adjusting to a violent person's whims.

Liability has several issues. There are two major steps in a violent confrontation. The first is "assault." Assault is looking at someone in an unfriendly mannerism. This also includes "fighting words." Most cities prohibit use of "fighting words" within city limits.

The next phase is "battery." Battery is physical contact. The typical association is punching, yet any pushing or grabbing is also battery. In most cases assault is best dealt with by creating distance, yet there are times when a person must defend themselves against slander and fighting words so make sure the other person, "throws the first punch." They instigated violence after verbal confrontation. Frequently this also prevents fights from becoming violent since both people are waiting for the other person to throw the first punch. Usually injuries, liability, occur after fighting becomes violent. Assault is always a lesser charge, though proving assault reduces battery charges.

A bystander might want to avoid liability. As a Professor at the University explains when a spectator takes responsibility for potential accidents the wittiness becomes liable. The example is standing by the Grand Canyon and noticing a baby carriage rolling towards the edge. If a spectator interferes and stops the infant there is no problem. Without a crime there is no accident. If a spectator touches the carriage and the baby falls over the edge they can be held liable for the infant's death. This is true in Citizen's Arrest. Involvement makes the person stopping fights liable.

What does a person in the modern age do to protect themselves? I remember as a girl Teachers told us to walk everywhere in pairs. If one was nabbed the other one ran to get help from neighbors. Now most people have cellular phones with video and picture capabilities. Even without a cellular phone call the Police before, during or after a violent confrontation from a nearby payphone or courtesy phone. This enables the Police to record crime scenes. Repeatedly, Judges on television court shows asks for the police report to prove violent crimes. They assume the action was reported to Police.

When going out with friends it is easy for one person to record the assault leading to battery on a cellular phone. They are also free to call Police before, during or after the fight. This is also an option for any witness wanting to remain a witness without becoming liable.

Evidence combined with a police report makes it easy for judges to understand the full extent of all actions whether provoked into a fight or harassed. It also defines liability if acting in self-defense for another person. When someone is inebriated they might use unnecessary force. The weaker person is on the ground while the aggressor hits them. Regardless of who started the fight if the aggressor is injured in attempts to defend the weaker person the person breaking up the fight is liable for bruises or injuries to the aggressor. If the aggressor is restrained do not hi them they are on the ground and unable to harm anyone with equal force.

Most people want to interfere because they fear the weaker person might be dead before Police arrive. Begin recording events before interfering to explain the use of extraordinary force to restrain the aggressor and avoid further complications beyond testimony.

There are methods to restrain a person so they are unable to run from the scene that work well with or without cameras. Pepper spray is legal in all states. Stun guns are also legal. These methods restrain a person without causing injury until police arrive to fill out wittiness reports and assess damages. EMT's assess physical injuries.

This system is useful in auto accidents. Cars stay in place until Police observe the scene and record wittiness testimonies for official documents. People are also able to take pictures of the scene and Insurance Adjusters take pictures of the cars. Insurance Adjusters take pictures at the scene or home to record damages to the car.

Insurance Adjustors are also available to take official photos at hospitals or homes if there is a confrontation. They are usually covered under health and accident coverage.

When alone, it is possible to take footage by uploading footage directly to a webhost with live broadcasting. An aggressor might want to smash the evidence. Select "Done" or "Finish" before they take the cellular phone. These video have adult content because it probably contains racial slurs, slander or violence. Most people are unsure if a fight will become violent and refrain from calling Police. If certain they will attack you, remember to call Police immediately. When a Police Officer sees assault during regular patrols they arrest the person committing assault. Police are not able to be everywhere so tell them the cross streets.

There are social rules interfering with processing justice. Fights between men and women make it difficult to assess criminal intent. Even if providing evidence the man or woman was belligerent try to block advances. It is more acceptable for someone of the same gender to break up the fight. This rule is true until revealing weapons. When a weapon is shown use any available defense. This means punching, kicking, throwing glasses or hitting with bar stools.

There are few exceptions. The best method is to identify liability through documentation. If knowing actions were candid, you are probably right though several fights are "no fault." Both people are found creepy. It is important to provide as much evidence to Police and Judges to ensure justice is achievable and payment is not payable to liars.

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