A student on a government project discovers how vicious the streets of our nation's capitol can be.
Oh, wait! That's an elected representative of the people. He apparently has some difficulty with understanding the civil rights of people in America. There is no obligation for the student to identify himself to the Congressman. The representative clearly commits an assault and a battery on the student and if we were stretching, we might even pile on "kidnapping" since he grabs him and restrains his departure.
Clearly it was an incriminating question. Asking him if he supports the agenda of the President was meant to insult and embarrass him I guess.
3 comments:
There is no question Ed. That was a clear battery and certainly (in my opinion) false imprisonment, at least in California.
California Penal Code Section 236 defines false imprisonment as the unlawful restraint, confinement or detention of someone accomplished by violence or menace. The penalty for false imprisonment in California is up to three years in state prison-longer if someone is injured.
The lawyers say:
To prove that the defendant is guilty of false imprisonment, the prosecution must prove that:
1. The defendant intentionally and unlawfully restrained or confined or detained someone or caused that person to be restrained or confined or detained by violence or menace;
AND
2. The defendant made the other person stay or go somewhere against that person's will.
Violence means using physical force that is greater than the force reasonably necessary to restrain someone.
Menace means a verbal or physical threat of harm, including use of a deadly weapon. The threat of harm may be explicit or implicit.
An act is against a person's will if that person doesn't consent to the act. Consent is when a person acts freely and voluntarily and knows the nature of the act.
False imprisonment does not require that the restrained person be in jail or prison.
"Violence" is a force above that reasonably necessary to establish the restraint.
Check and check. I can't find the specific DC law but these tend to look very much alike from state to state so I'd bet it's very close to this.
Mr congressman needs to be arrested.
If he'd done that to my son he would have found himself on the ground...and,of course, my son would probably have ended up in jail.
Under DC's criminal code, that's a simple assault, punishable by up to 180 days in jail.
I'm thinking that an old white guy from down south would really have an interesting time in the DC Jail.
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