Quote:
Originally Posted by NoRegrets
What if the case involved a baseball bat instead of a gun. Would there be the same outcome of a trial or are we "Gun Phobic"?
If the same complaint was made, assuming it is one's word against the others. Change the weapon from a gun to a bat, knife, sword, rock, bow and arrow, spear, or anything that can be construed a threat. How would the case be handled?
I bet this thread would not exist.
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I don't think we are getting "Gun Phobic". The law is very clear when it comes to firearms. However, it is left up to interpretation when it comes to bats, knifes, swords, rocks, bow and arrows, and spears though.
Here is what the law says about your question (and it is a good queston):
TITLE LXII
CRIMINAL CODE
CHAPTER 625
PRELIMINARY
Section 625:11
625:11 General Definitions. – The following definitions apply to this code.
I. "Conduct'' means an action or omission, and its accompanying state of mind, or, a series of acts or omissions.
II. "Person'', "he'', and "actor'' include any natural person and, a corporation or an unincorporated association.
III. "Element of an offense'' means such conduct, or such attendant circumstances, or such a result of conduct as:
(a) Is included in the definition of the offense; or
(b) Establishes the required kind of culpability; or
(c) Negatives an excuse or justification for such conduct; or
(d) Negatives a defense under the statute of limitations; or
(e) Establishes jurisdiction or venue.
IV. "Material element of an offense'' means an element that does not relate exclusively to the statute of limitations, jurisdiction, venue or to any other matter similarly unrelated to (1) the harm sought to be prevented by the definition of the offense, or (2) any justification or excuse for the prescribed conduct.
V. "Deadly weapon'' means any firearm, knife or other substance or thing which, in the manner it is used, intended to be used, or threatened to be used, is known to be capable of producing death or serious bodily injury.
VI. "Serious bodily injury'' means any harm to the body which causes severe, permanent or protracted loss of or impairment to the health or of the function of any part of the body.
Source. 1971, 518:1, eff. Nov. 1, 1973.