[quote]JonP wrote:
blueknight wrote:
No you are mistaken. After the student shoved the teacher at this point he should have contacted police and had him arrested. The physical contact had ceased and there was no continued violence so there is no element of fear. Once the teacher slapped the student or retaliated for the shove he became a mutual combatant and was subject to arrest.
All schools in the US have guidelines against striking students. Every effort must be made to try and restrain them and only if there is continued physical violence or harm to your person can you justifiably hit them back.
Just like police officers teachers are held to a higher standard and must exemplify good judgement. No matter what you believe it is never ok to glorify violence on anyone…especially children.
And how would you know the violence is over and there is nothing to fear now? [/quote]
Just like you I base my account on the newspaper article. The student shoved the teacher who then slapped the student. Once the teacher was shoved he should have ceased any further action and called police. The sergeant in the article states neither was justified in their actions and he would have first hand knowledge unlike us.
[quote]
There’s no number of times someone has to hit you for it to be acceptable to defend yourself, and you have no way of seeing into the future and knowing for a fact they aren’t going to hit you anymore. [/quote]
Actually there is. If a person hits you once and walks away the threat has ceased. If you encounter that person in a physical altercation you are now susceptible to arrest as well. If a person hits you and cocks his hand back then obviously you know he will strike you again and the threat has not ended. You are now legally justified to defend yourself.
[quote]
Legally the teacher was completely justified.[/quote]
Obviously not true since he was arrested for striking the student.
[quote]
As for school guidelines, those have little to do with the law and even with what’s right. [/quote]
It’s irrelevant that guidelines have anything to do with the law. Guidelines are in place for almost every profession and they dictate the behavior and ethics of a person. That is how every facet of employment works.
I’ve restrained numerous people on my own with neither myself or them being hurt. However I have extensive training in defensive techniques but the point is it can be done.