• DragonTypeWyvern
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    10 months ago

    Him. Provocation is usually a mitigating factor, but not a complete defense, and it’s not like she just randomly threw a drink at him, there was an argument leading to it.

    Even when it would be a defense it certainly wouldn’t excuse him in this circumstance.

    https://en.m.wikipedia.org/wiki/Provocation_(law)

    • AwesomeLowlander@lemmy.dbzer0.com
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      10 months ago

      Thanks, that’s the first I’ve heard of this legal concept.

      It may be … sufficient to justify an acquittal, a mitigated sentence or a conviction for a lesser charge. … In extremely rare cases, adequate provocation has resulted in the defendant never being charged with a crime. In one famous example

      Though in this case, doesn’t throwing a drink at somebody in itself constitute an offense of some sort? Could both parties not be prosecuted? I suppose AG bias might come into play then?

      • DragonTypeWyvern
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        10 months ago

        If he hadn’t assaulted her he might have been able to make her pay his dry cleaning bill.

        You can stop pretending to be a JAQing off American, btw. You outed yourself to all the native speakers.

        • AwesomeLowlander@lemmy.dbzer0.com
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          10 months ago

          I live in Norway, who’s pretending? Not my fault if you make assumptions.

          If he hadn’t assaulted her he might have been able to make her pay his dry cleaning bill.

          Yes? I don’t quite get the hostility. I’m curious about the legalities, nothing more.

          • DragonTypeWyvern
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            10 months ago

            Here’s a hint: stop editorializing when you’re JAQing it. Makes it a little obvious.