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FORUMS Photography Talk by Genre General Photography Talk 
Thread started 12 Jun 2010 (Saturday) 10:13
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17-Year-Old Accused of Having a Camera Bag

 
LowriderS10
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Jun 14, 2010 22:16 |  #76

tkbslc wrote in post #10362834 (external link)
I wasn't really worried about the actual law, honestly. I am sure Jodie did break the law. I would have likely done the same thing.

hahaha...wow. So, basically, you're saying she broke the law...but you're defending her actions. So the law-abiding kid is in the wrong...and the law-breaking celebrity is above the law? right...


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darksike
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Jun 14, 2010 23:00 |  #77

I don't know about you guys. I know there's law yes yes yes blah blah but how about acting as a parent with your children. You never feel defensive around them? do you carry the law bible whatchamacallit or ask the opposing person for ID before you react around your children? How many 15-17 years old nowadays that look like of a legal drinking age?
this was probably mentioned already but worth mentioning again as I feel deeply about this.
I remember the old days when it takes more than a poke to call it assault. I'm not condoning it but just saying.
With how the law is ever so changing to please everybody, one can only see that even the saying or maybe thinking for the worse can lead to being sued. kinda like Minority Report


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tkbslc
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Jun 14, 2010 23:38 |  #78

LowriderS10 wrote in post #10363149 (external link)
hahaha...wow. So, basically, you're saying she broke the law...but you're defending her actions. So the law-abiding kid is in the wrong...and the law-breaking celebrity is above the law? right...

Actually I said that I would have done the same thing, me, an average 30 something schmuck. I am not considering celebrities above the law, but apparently some photographers are above moral standards of public behavior and decency. Who the hell decides it is OK to stalk a family and take their pictures at will? Regardless of whose side the law falls on, I think we all know that that is not acceptable. Luckily I am not famous, or I would be making a few headlines I guess.

But yes, if we are deciding this based solely on the law, then we probably have to cite someone for assault, even though nobody was seriously injured and no damage was caused.


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mckinleypics
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Jun 14, 2010 23:59 |  #79

I'm no personal injury attorney but I don't think the law with regard to assault has changed much in a long time. It makes sense to me. It isn't nice to put someone in a reasonable fear of imminent harm (def. of assault if I remember correctly). If I walk up to you and put an empty gun to your head and pull the trigger, that is assault. If a woman comes up to me and points her finger toward me and pokes me with it, it is up to a jury to decide if I had a reasonable fear of imminent harm. My guess is the answer is no.

Battery is a little different. It isn't nice to touch people in a harmful or offensive way (I can't remember the definition of battery). She battered him. If she merely touched his arm to get his attention, that's another thing.

As an aside or "sidebar", you can have a battery without an assault. Punch a blind guy in the face or smack someone in the back of the head, etc.

So she's guilty of battery. Criminal case - slap on the wrist or whatever the judge decides based on priors, etc. This is where his actions come in. How egregious was her action based on the circumstances?

Civil case - look at damages, which would be next to nothing. The reason the suit is being brought is because he's angry and, most importantly, because she is rich. He and his attorney are gambling that she would rather give him $5k to go away than to pay an attorney $10k to go to court. No worries about the case being frivolous because she actually did poke him. Oh, she's famous too. He is in a position to generate a lot of bad press for her, making her desire to settle even greater.


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photoguy6405
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Jun 15, 2010 00:10 |  #80

LowriderS10 wrote in post #10363149 (external link)
hahaha...wow. So, basically, you're saying she broke the law...but you're defending her actions. So the law-abiding kid is in the wrong...and the law-breaking celebrity is above the law? right...

There are times that I think that is exactly right. Just because it's the law doesn't mean it's a good law.

Generic comment.


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LowriderS10
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Jun 15, 2010 00:37 |  #81

photoguy6405 wrote in post #10363682 (external link)
There are times that I think that is exactly right. Just because it's the law doesn't mean it's a good law.

Generic comment.

This I can agree with completely. But, that's beside the point. One cannot pick and choose which laws we obey. She was an idiot and broke the law. End of story. WHY she did it or whether the law is a good one or not is beside the point. She should know better.

As for the imminent harm thing...that's bullshizz...how much imminent harm can a 17 yr old kid bogged down with camera gear do in a public space? (I know, a lot, theoretically...but realistically, it's not exactly an incredibly threatening situation that warrants a preemptive violent strike). It's not like he jumped out at them with a knife in an abandoned alley....


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LowriderS10
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Jun 15, 2010 00:38 |  #82

mckinleypics wrote in post #10363636 (external link)
I'm no personal injury attorney but I don't think the law with regard to assault has changed much in a long time. It makes sense to me. It isn't nice to put someone in a reasonable fear of imminent harm (def. of assault if I remember correctly). If I walk up to you and put an empty gun to your head and pull the trigger, that is assault. If a woman comes up to me and points her finger toward me and pokes me with it, it is up to a jury to decide if I had a reasonable fear of imminent harm. My guess is the answer is no.

Battery is a little different. It isn't nice to touch people in a harmful or offensive way (I can't remember the definition of battery). She battered him. If she merely touched his arm to get his attention, that's another thing.

As an aside or "sidebar", you can have a battery without an assault. Punch a blind guy in the face or smack someone in the back of the head, etc.

So she's guilty of battery. Criminal case - slap on the wrist or whatever the judge decides based on priors, etc. This is where his actions come in. How egregious was her action based on the circumstances?

Civil case - look at damages, which would be next to nothing. The reason the suit is being brought is because he's angry and, most importantly, because she is rich. He and his attorney are gambling that she would rather give him $5k to go away than to pay an attorney $10k to go to court. No worries about the case being frivolous because she actually did poke him. Oh, she's famous too. He is in a position to generate a lot of bad press for her, making her desire to settle even greater.

Sorry, up here we don't have battery. Battery = assault here, hence why I'm using the incorrect (for you, correct for me) terminology.

And yeah, he's going after her because she's got money, most likely...and you know what...all the power to him.

In one way or another she will pay for a crime she committed...good enough for me.


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17-Year-Old Accused of Having a Camera Bag
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