Quote:
Originally Posted by Lakegeezer
It may not be an assault on the Sixth if the punishment was a violation of the Eighth Amendment. Three years incarceration for what went down seems cruel and unusual, especially when compared to other jurisdictions and crimes.
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NH RSA 631:4 (2007) takes care of the 8th amendment. Even the 2011 change/addition that was made to this RSA won’t make any difference as far as the 8th amendment is concerned.
This is the RSA 2011 change/addition:
"IV. A person who responds to a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person or to another by displaying a firearm or other means of self-defense with the intent to warn away the person making the threat shall not have committed a criminal act under this section."
IMHO Ward Bird was not in anyway threatened with
"serious bodily injury or death" by Harris.