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Old Thu Mar 02, 2006, 11:35am
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Join Date: Dec 2004
Posts: 156
Quote:
Originally posted by bgtg19
Quote:
Originally posted by bebanovich
I can't speak to this specifically from an official's point-of-view, but self-defense applies only if there is a reasonable fear of immediate danger. It would be hard to argue that pushing back would be the logical act of someone who felt like they were really under threat.
For what it is worth -- basically, in case anyone is coming to this forum looking for legal advice -- bebanovich's statement is simply wrong. Self defense would apply quite nicely to the circumstances described were the official to face any kind of legal action.

But while this official should be able to avoid criminal/legal penalty, I do think that he should receive discipline for his behavior from the appropriate overseeing body.
Which is wrong?
Self-defense requires fear of immediate danger?
Shoving back would be hard to argue as self-defense?

I don't mind being corrected or called wrong, I just don't want to be called wrong on the implication that I'm saying something I'm not, like, "this ain't a case of self-defense" I wasn't there, I didn't see it so I wouldn't know if the official could successfully argue self-defense.
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