Re: It\'s Very Simple Really
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It is explicitly defined in the statute.
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To clarify, I meant tennis shoes are not explicitly defined as dangerous weapons.
The definition of dangerous weapon is explicitly defined, to which one could reasonably argue at trial that tennis shoes in this case do not meet that defintion.
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There's the rub. You can't argue out of one side of your mouth that it was prosecutorial abuse to charge them with the agravated second degree battery because a shoe can't be a weapon (when it has been held to fall within the definition in the past) and then say "well that's for the jury to decide."
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As for prosecutorial abuse, can you tell me with a straight face that you don't find his charges to be overzealous, and it would be consistent if the defendants were white?
My contention is that the jury was not given an option to consider a lesser charge, it was aggravated or bust.
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Because appeal was not granted. Writ was denied on 4/26/1991. I have no idea what case you're looking at ---
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You're right, my apologies. In my haste I trusted a non-credible source. No excuses, other than to say Chester Williams is a gigantic [censored].
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I gave the cite for the one I was looking at.....There is only one case that discusses Munoz in a negative way and it is an Alabama case that distinguishes the assault in Munoz because in the Alabama case there was not a showing of serious injury.
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Do you think in Jena case there was serious injury?
Do you think a 16 year old kid deserves 15-30 years of hard time for punching and kicking someone in a fight....just because he had his shoes on?
Do you find it odd that if he took his shoes off, he'd be looking at a max of 5 years instead?
Do you see a problem that the jury had no option for the lesser charge?
Most importantly, do you believe the charge and potential punishment to be "excessive" in relation to the actual crime committed?
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I consider myself a good legal researcher as I have spent the better part of my professional career conducting legal research, designing/working on product development for the largest legal reseach website in the country, and training people on its use...
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Nice to know, I'll keep you in mind if I need some help one day.
The extent of my knowledge on US caselaw is gleaned from skimming over some books in the prison law library.
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