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Originally Posted by Dakota
Actually, no it won't, because I was not saying the existence of the special class law negated the other laws. I object to such laws on the principle of equal protection under the law. They are unnecessary. They separate the population into special classes under criminal law, where the person committing the crime is subject to differing punishment depending on the class of the victim. IMO, they SHOULD be unconstitutional. But, of course, the constitution is a "living" document, so they aren't unconstitutional.
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I agree with Tom. If it's assault, what difference does it make what position/responsibility that person carries at the time of the incident.
I believed what causes most "specialty" laws is the lawyers and judges. These individuals take into consideration their own beliefs of the situation and apply them to enforcement. While I understand that common sense should be applied at times, when another person is attacked, that is not an accident.
These folks are thinking, "Well, it is a competitive situation and the umpire did kick that call earlier, blah, blah, blah. ", anything to try and justify the actions of the accused. IMO, that is not their job, but it happens. Unfortunately, because these people of authority take it upon themselves to determine what should or shouldn't be prosecuted, lawmakers are urged to take away that option and give those offended a specific tool. It's sad, but that's the way it is.