[quote]angus_beef wrote:
[quote]VTBalla34 wrote:
…she was doing it because she was in a fight or flight situation which was forced upon her by this stupid kid…and she chose to fight…[/quote]
You know what, all the mumbo jumbo going on in this thread i honestly believe this response is the most simple and articulate response.
We all have a soft spot for the elderly and babies, some even puppies. This is the very reason i try to look at the incident and not the individuals.
[quote]TheBodyGuard wrote:
To suggest that this teacher should have to leave the room because this pubescent dickhead left his seat is laughable, outrageous and out of touch with reality. She’s in charge in that room.[/quote]
^^ Agreed…BUT… How are you able to say this then say she was acting in self defense by punching the student? If her mentality is such then clearly she was NOT intimidated by this kid. She held her ground because she was the authority of the classroom which she damn well should. However, if someone who i believe is a serious threat approaches me in an aggressive manner and i honestly felt like my life is in danger, then i’m hauling ass. I’m not standing there like hector camacho.
The fact that people keep looking at it as an elderly lady and a young kid renders their argument bias and emotional… You either think it’s ok to punch a student in the face in this situation or you don’t. Gender INDEPENDENT.
Whether or not you think the kid deserved it is irrelevant. Stop looking at this as a male kid and a female teacher. It needs to be looked at as a teacher and a student. I am not saying this woman does not have a right to defend herself, everyone does. I’m saying as a teacher she could have handled the situation better.
[quote]And yes, your gender, your size, that of the aggressor - all these things are weighed in the legal analysis. That it doesn’t make sense to you is apparent.
Is anyone around here capable of admitting when their wrong, even after it’s painfully obvious that they are?![/quote]
I’m wrong for evaluating the INCIDENT and not the participants ?
I will say this then leave this thread because it’s sinking rather quickly.
I was not raised under the American public school system. My primary and secondary school system allowed teachers to use corporal punishment. Both the schools and the parents knew about it and were all for it. We would either get beaten on the palm of our hands or on our buttocks with a yard stick or something of that sort. Even then no school or parent would ever condone a teacher punching a student in the face. This is not an elderly lady being mugged on the street, this is a school setting.
By the way my legal analysis is spot on. Not once did i say the teacher didn’t have a right to defend herself. I gave specific examples which were directed to individuals who thought beating someone up for mere verbal disrespect was just.[/quote]
No, your legal analysis, as written, is NOT “spot on”. And you don’t have to trust me, the prosecutor has spoken for the legal analysis. I’m just telling you generally what is …get this…BECAUSE I KNOW. I have perfectly familiar with use of force laws.
She is generally not required under the law to retreat or leave (unless she had and used a gun), even if she could.
This has NOTHING to do with the “American school system” and everything to do with American law.
She was much smaller, older and any assault could have resulted in serious injury.
Given the above, she was perfectly justified to reasonable fear for her safety.
Based on that fear, she was within her legal right to attempt to physically extinguish that danger.
Her punching the student, while not the course you would have chosen, was perfectly legal, and was not excessive. The assault ceased when he backed off - in other words, IT WORKED.
If we continue your “spot on legal analysis” to its logical conclusion, we must then apply it to victims of rape and other violent crime. Why did you fight back? Why didn’t you just run away? Why were you wearing that short skirt?
No one here is unduly influenced by sympathy for the elderly, it’s about their respective sizes and potential for injury. It’s about her reasonable fear and what’s she’s legally permitted to do under the law.
I’d say you, and others arguing against the teacher, are unduly influenced by the school setting. The school setting does not change the legal analysis or their respective obligations. She does not lose rights because she’s in a school or a teacher.