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Montgomery County Public Schools (MCPS)
Reply to "WJ/BCC Fight - No racism please!"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]A WJ parent took their kid to the police station and reported it as an assault. Police will need to do an investigation to determine if it was an assault or a fight. You will need to wait for facts. A police report is not facts, it is a report written when people are interviewed. People can lie in the interview. A police investigation is usually based on facts (though something they are wrong too). Kid comes home beaten up and he told his parents, "I was assaulted", it might be the truth or he lied because he didn't want to admit he was in a fight (and lost).[/quote] ? Assault is assault regardless of whether it was in the middle of several people fighting or not. If you're hit by someone, it's assault. You can call police and press charges. They will determine if you also threw punches, and whether you started it, or whether you exercised reasonable self-defence. [/quote] That is not how the laws are written. [b]Fighting is actually legal. You have the legal right to fight someone else if you choose. If you choose to be in a fight you can't claim assault.[/b] You might be able to argue once somebody is on the ground and being kicked the fight has now turned into an assault. Just let your children know, if they agree to be in a fight, they can't turn around after they lose a fight and claim assault. [/quote] LOL WHAT?[/quote] NP - I'm not sure why you're laughing, the PP is right. If groups of students met up to fight, there's noting illegal about that (though it's idiotic). It's not at all clear that is what happened here, though. [/quote] What evidence of this agreement to fight would exist to substantiate that both parties were mutually agreeing to a fight? It's not like we have a written contract to go off of. And further more, how can minors who can't consent to so many things be capable of committing to an agreement of engaging in violent activity with one another? That is not how the laws are written. [/quote] That is what the police will need to do in their investigation. Nobody is saying it was a fight, what was said is that we need to wait until the police investigation is complete to determine if it was a fight vs an assault. Minors can consent to sex (with each other) and they can consent to fights. It is how the laws are written. [/quote] To continue with your hypothetical, even IF they did both agree to the fight, I'm pretty sure there are laws and ordinances about fighting in public places. So yeah, maybe minors can fight in the privacy of their homes, but I'm pretty sure there's county law about fighting on the streets. Same way you can be naked in your house, but public nudity is prohibited.[/quote] It's not hypothetical, there are many case laws about this, you can google them. A police officer may determine that it is "disorderly conduct" or "they are blocking a street" and stop the fight, but if the fight does not interfere with the public the police have no obligation to get involved. [/quote] Yes, disorderly conduct is the charge I was thinking of. And I don't think a bunch of teenagers fighting in the street as was the case here, especially since the police received calls about the street violence as it was unfolding, would be that hard to prove.[/quote] I am pretty sure that the investigation is going to result in some BCC students being charged with assault - at least based on what I've read and been told - and they should be![/quote] I'm pretty sure BCC students AND WJ students will be charged with assault, and disorderly conduct. it will be simple assault. The WJ parents will get an expensive lawyer and it will eventually go away since they are minors. [/quote]
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