Who is innocent and who is not?
By gengeni
@gengeni (3308)
Indonesia
August 27, 2011 11:35am CST
A couple of teenagers walk the streets at night. Suddenly one of the boys is attacked by a drunken man from behind and choked. He tries to fight back by the drunk reflexively gives a blow with his fist, whereupon the attacker's chest to the young person fights back. This in turn defends itself and gives the man unintentionally such a strong blow that he fell to the ground, hits his head, gets a cut and passes out. The friends of the boys who have seen it all, call immediately for an ambulance and the police.
My question: What about the punishment for the two (young and drunk) from? The boy is now displayed for assault and punished? What about the drunk who is actually responsible for the whole event?
5 people like this
10 responses
@najibdina29 (1309)
• Indonesia
29 Aug 11
That will probably determine the judge when it comes to negotiating. Were considered as well as the Drunks injury has worn away and wants to know the health insurance pays for the cost back. If the police have taken up the case, it is probably true, the statement stands against statement. And it can clarify the case, then probably only the court.
1 person likes this
@kendedes2011 (2712)
• Indonesia
29 Aug 11
Something like "word against another's" do not exist in criminal law, especially as it or, in the case of testimony teeming.
The thing is fiddly. The young person is likely to have just like the drunk, a criminal on the neck. The young person, because "maybe" the drunk the drunk was seen, then it's his turn because of "crossing of the defense relationship.The unintended impact reveals negligent bodily harm, just from the point of exceeding the defense relationship. As I said, running away is reasonable, though not in a macho society acceptable. Very fiddly. The judge will hear many witnesses.
@umabharti (3972)
• India
27 Aug 11
Born babies are innocent,animals are innocent,the nature is innocent.We after we start growing then we learn things and try to loose this innocence we become selfish.
1 person likes this
@mods196621 (3652)
• Philippines
28 Aug 11
I think they are both responsible too both of them need the punishment according to what they have done... Too much drunk is bad for health and also to the nation most of the problem by the government. Drink moderately and be happy so everything go into good position of angle.
@dayangsumbi2010 (1724)
• Indonesia
29 Aug 11
... I've never heard that drunks - to attack the other from behind. Such people can quite easily go out of their way. Somehow I got the impression that the action is not entirely true, but here is a legend for the court is to be forged.
@saparidiki64 (594)
• Indonesia
2 Sep 11
The drunk is regarded as a first offender.
When the boy can u.U. assume a self-defense act, which is then a matter of opinion of the judge. Also important is whether the drunk "apparent inability of guilt" was.
@dont_pick_your_nose (2279)
• Australia
28 Aug 11
Yes i don't think that's fair at all. Self defence is sometimes your only option. I would like to think that this boy is lucky it wasn't him on the floor with a cut head. I think they should be well within their right to fight back toprotect themselves. If it is true that the teen was attacked from behind and puched i don't think he should be fined for his actions. He is innoncent in my book, but i don't know if that's the same book the laws use.
@GemmaR (8517)
•
28 Aug 11
I don't know what's wrong with the world, but nobody should be punished for either protecting themselves or fighting back when somebody is being threatening to them. I have heard stories in the papers of thieves robbing houses and then suing the owners of the houses when they have chosen to fight back if they ended up suffering any kind of injury. This is not right and has meant that we're no longer safe in our own homes with our own rights. Something has to change and it can't remain like this for any longer.
@nakula2009 (2325)
• Indonesia
28 Aug 11
1st Whoever commits an act which is given by self-defense is not illegal.
2nd Self-defense is the defense, which is required to present an illegal attack
Fight off of themselves or others.
Your description of events can, and recognize the implied self-defense. A punishment of the boys it will not happen. Who will be responsible for criminal law, the drunks, the latter has committed a personal injury.
@sais06 (1284)
• Philippines
28 Aug 11
Sometimes it also depends from which country such event happened because different countries have different sets of law. In my opinion, both of them were not innocent because both of them assaulted each other. The teen could have just fled away upon freeing himself from the drunken man's choke. Yeah it wasn't fair but that's how the law works. Anyway, I believe that he'll just get a light punishment or a light sentence since it was a self defense. As a conclusion to this, it's always better to avoid trouble even if you're assaulted because you might not know what it will result to. 
