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Old 10-28-2013, 13:52   #76
Z71bill
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Quote:
Originally Posted by Rabbi View Post
Something is not a crime unless you have a codified statute with elements of a crime (actus reus) and a culpable mental state (mens rea)

Whatever you do have to meet those things. The exception being a strict liability crime (but that is another story)

Being an idiot(careless) is not often a crime.
So you can issue a ticket for being an idiot?

That must keep you busy.
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Old 10-28-2013, 14:00   #77
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Originally Posted by Z71bill View Post
I

Change out reckless for careless.

BTW, you keep using the word reckless...legally it doesnt mean what you think it means. You are actually trying to describe "negligence."

http://www.statutes.legis.state.tx.u...E/htm/PE.6.htm

Sec. 6.02. REQUIREMENT OF CULPABILITY.

(1) intentional;
(2) knowing;
(3) reckless;
(4) criminal negligence


Lets look at how this works. Lets look at Assault in Texas.

Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:

(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.


Lets assume I am at a call and I have a guy who tripped, maybe because he was drunk, into a woman and in doing so, grabbed her breast.

So, here I am, Mr. Policeman, how do I know what to do? Do I have a crime?

My elements (actus reus) of the crime state (look at number 3 of the assault statute) causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative

I have that. He touched her and she didnt want it. So the elements of the crime are there.

Now, the law spells out the culpable mental state as well (again, number 3) intentionally or knowingly

Do I have that? No. He tripped. He did not intentionally do it or knowingly do it. So, I investigated and found that I do not have the crime of Assault as defined in the State of Texas.

See how that works? All of it makes sense if you understand how to do it. I did not fully understand it my self until I became a Cop. I get that most people dont understand it either....but that doesnt change how it works.

BTW, lets say he hurt her...does that change this?...no that is a civil matter.

So, here I have an injured woman who has been hurt in her breast by a stranger...she is mad because she wants me to shoot him in the face....but there is nothing I can do.
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Last edited by Rabbi; 10-28-2013 at 14:07..
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Old 10-28-2013, 14:15   #78
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Under the cloak of darkness,......climb under his car and steal his driveshaft.
Will not help the problem, but it will make you feel a LOT better.
^^^ This!
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Old 10-28-2013, 15:19   #79
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Quote:
Originally Posted by Rabbi View Post
......

So, here I have an injured woman who has been hurt in her breast by a stranger...she is mad because she wants me to shoot him in the face....but there is nothing I can do.
Yes, but could she legally shoot him in the face because she reasonably believed she was being sexually assaulted? Or was this "sexual assault" not serious enough allow her to shoot him in the face legally under Texas statute?

Last edited by racerford; 10-28-2013 at 15:19..
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Old 10-28-2013, 16:08   #80
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Quote:
Originally Posted by Rabbi View Post
BTW, you keep using the word reckless...legally it doesnt mean what you think it means. You are actually trying to describe "negligence."

http://www.statutes.legis.state.tx.u...E/htm/PE.6.htm

Sec. 6.02. REQUIREMENT OF CULPABILITY.

(1) intentional;
(2) knowing;
(3) reckless;
(4) criminal negligence


Lets look at how this works. Lets look at Assault in Texas.

Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:

(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.


Lets assume I am at a call and I have a guy who tripped, maybe because he was drunk, into a woman and in doing so, grabbed her breast.

So, here I am, Mr. Policeman, how do I know what to do? Do I have a crime?

My elements (actus reus) of the crime state (look at number 3 of the assault statute) causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative

I have that. He touched her and she didnt want it. So the elements of the crime are there.

Now, the law spells out the culpable mental state as well (again, number 3) intentionally or knowingly

Do I have that? No. He tripped. He did not intentionally do it or knowingly do it. So, I investigated and found that I do not have the crime of Assault as defined in the State of Texas.

See how that works? All of it makes sense if you understand how to do it. I did not fully understand it my self until I became a Cop. I get that most people dont understand it either....but that doesnt change how it works.

BTW, lets say he hurt her...does that change this?...no that is a civil matter.

So, here I have an injured woman who has been hurt in her breast by a stranger...she is mad because she wants me to shoot him in the face....but there is nothing I can do.
Way more details than I want to know.


I have heard of reckless driving - I have also heard of careless driving -

I may have actually been ticketed for both - many years ago - like between 1972-1977 --

IIRC doing a run of the mill burnout was considered to be "exhibition / careless driving" -

If you did a monster smoky burnout and also spun around in circles - they added reckless driving to the ticket-

The truth is - there are so many laws and regulations covering every darn thing under the sun - that the government could come up with something to charge you with if the looked hard enough.
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Old 10-28-2013, 16:15   #81
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Quote:
Originally Posted by racerford View Post
Yes, but could she legally shoot him in the face because she reasonably believed she was being sexually assaulted? Or was this "sexual assault" not serious enough allow her to shoot him in the face legally under Texas statute?
No.

He touched her breast for a brief moment...even if he injured her. There was no continuation of the event.

There is a big book full of all the rules and how to apply them. It isnt perfect, but it sure as hell demystifies why the criminal justice system does the things it does.
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Whenever you get mad as hell about it all, grab your rifle and head outside. If you are the only one there...it's not time yet

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Old 10-28-2013, 16:18   #82
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Quote:
Originally Posted by Z71bill View Post
Way more details than I want to know.


I have heard of reckless driving - I have also heard of careless driving -

I may have actually been ticketed for both - many years ago - like between 1972-1977 --

IIRC doing a run of the mill burnout was considered to be "exhibition / careless driving" -

If you did a monster smoky burnout and also spun around in circles - they added reckless driving to the ticket-

The truth is - there are so many laws and regulations covering every darn thing under the sun - that the government could come up with something to charge you with if the looked hard enough.
I tried to teach you something. How it works...and you just plow on with how you feel. (and there is a law that covers the vast majority of all situations, I dont disagree there may be far too many, but the penal code is NOT where you will find them. The Penal code contains all the laws most people agree with, your problem is with regulatory laws)

§ 545.401. RECKLESS DRIVING; OFFENSE. (a) A person
commits an offense if the person drives a vehicle in wilful or
wanton disregard for the safety of persons or property.

Looking down to change the radio, eating a big mac or just not paying attention is not reckless driving.
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In the world to come, each of us will be called to account for all the good things G-d put on earth which we refused to enjoy. ~ The Babylonian Talmud

Whenever you get mad as hell about it all, grab your rifle and head outside. If you are the only one there...it's not time yet

I cross my heart and hope not to die. Swallow evil, ride the sky. Lose myself in a crowded room. You fool, you fool, it will be here soon

Last edited by Rabbi; 10-28-2013 at 16:20..
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Old 10-28-2013, 16:19   #83
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Well?
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Originally Posted by Dukeboy01 View Post
I am wondering about this as well. Is your assigned spot too far away or something? Maybe the management could assign you a closer spot instead.

Life is too short to get into pissing contests over "principles" when it comes to transient things like parking spots, IMO.
I tried. Good thing I didn't bet cash on a response.
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Old 10-28-2013, 16:28   #84
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Originally Posted by Dennis in MA View Post
I keep seeing this on the OC screen. With a OP like RagnarDanneskjold, I keep thinking it says "Ridiculous Parking Fjord. LOL
But the OP drives a chevy.
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Old 10-28-2013, 16:38   #85
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Originally Posted by Rooster Rugburn:
Didn't the whole sheepdog thing actually start right here on Glock Talk? A bunch of wannabees bought a bunch of T-shirts and took an oath to defend those who won't defend themselves?
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Old 10-28-2013, 16:42   #86
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I have heard of reckless driving - I have also heard of careless driving
Basically what it boils down to - in this example - is careless is accidental, reckless is intentional. Not quite right, but close enough to get the point across.

The specific wordage becomes important when you stray into legal matters like this. While the two words may mean approximately the same thing in general conversation, they have very different penalties associated with them.

Or in other words - careless = no points, reckless = points
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Old 10-28-2013, 16:47   #87
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I tried. Good thing I didn't bet cash on a response.
Indeed.
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Old 10-28-2013, 16:51   #88
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Install one of these on your balcony, pointed at your car ($6)

http://www.thehomesecuritysuperstore...c-12-2082-p=10

And put a sign in the front window of your car that says: "This area is under video surveillance"
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Old 10-28-2013, 17:13   #89
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OP, I would be angry too.

I would contact the A-Team, I hear that they can help if you have trouble.
If you can find them
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Old 10-28-2013, 17:32   #90
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"Men occasionally stumble over the truth, but most of them pick themselves up and hurry off as if nothing had happened."

"If you have integrity, nothing else matters. If you don't have integrity, nothing else matters".

"A person who won't reason has no advantage over one who can't reason."

"Facts do not cease to exist because they are ignored."

“Ignorance is a lot like alcohol: the more you have of it, the less you are able to see its effect on you.”


Originally Posted by Rooster Rugburn:
Didn't the whole sheepdog thing actually start right here on Glock Talk? A bunch of wannabees bought a bunch of T-shirts and took an oath to defend those who won't defend themselves?
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Old 10-28-2013, 18:46   #91
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I am wondering about this as well. Is your assigned spot too far away or something? Maybe the management could assign you a closer spot instead.

Life is too short to get into pissing contests over "principles" when it comes to transient things like parking spots, IMO.

OK, sorry I was offline a while and didn't see the question(s). I do park in my assigned space, which is fine. When a family member visits, there is no handicapped space for them. The result is that any time I'm having company, I wind up finding (far away) street parking so that my guest can use my space. This wouldn't really irritate me that much, if the handicapped parking was in "legitimate" use, but this guy...

I apologize for not getting back quickly enough. Created the thread mostly to vent. Some of the suggestions made me laugh about it, though. Thanks.
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Old 10-28-2013, 20:35   #92
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id get runflats and forget about it.
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Old 10-28-2013, 20:59   #93
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id get runflats and forget about it.
I think you misunderstand how run flats work.
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Old 10-28-2013, 21:10   #94
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OK, sorry I was offline a while and didn't see the question(s). I do park in my assigned space, which is fine. When a family member visits, there is no handicapped space for them. The result is that any time I'm having company, I wind up finding (far away) street parking so that my guest can use my space. This wouldn't really irritate me that much, if the handicapped parking was in "legitimate" use, but this guy...

I apologize for not getting back quickly enough. Created the thread mostly to vent. Some of the suggestions made me laugh about it, though. Thanks.
That makes sense. Thanks for the reply. Good luck getting your apartment manager to address your concerns.
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Old 10-29-2013, 14:27   #95
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Mmmm.... I'm a little worried about that option. They have kind of a history of shooting up the entire neighborhood with full-auto mini-14s, never hitting anyone, and blowing stuff up, don't they? I'm not sure the guy messing with the tires has a barn full of construction equipment to lock them in so they can build an armored assault vehicle, either.
Since you are in California, if they are in possession of fully automatic firearms, they are in serious violation of both California and Federal Laws. Even if not fully automatic, there are still laws against shooting in residential areas.
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Old 10-29-2013, 21:03   #96
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I thought for sure that this thread was going to get hijacked by a rabbi and a squirel.
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Old 10-29-2013, 21:09   #97
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Let it go and be grateful for all the good things in your life.
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Old 10-29-2013, 21:45   #98
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I think you misunderstand how run flats work.
Really? mine work with no air in them. Have them on my '07 Vette and my '10 Cayman. Put 200 miles on my vette with a cut sidewall to get me home.
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Old 10-29-2013, 22:00   #99
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Really? mine work with no air in them. Have them on my '07 Vette and my '10 Cayman. Put 200 miles on my vette with a cut sidewall to get me home.
Just because you did something they weren't intended for does not mean it is ok.
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Old 10-29-2013, 23:29   #100
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So now, I broke the rules? Interesting Michelin didn't seem to see it as a problem.

You can be right if you need to be. It's ok with me
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