JQPublic1
Gold Member
- Aug 10, 2012
- 14,220
- 1,543
WTF are you referring to. In this case the slap occured AFTER the verbal provocation which caused it in the first place.Slapping someone isn't provocative? How is that equal? If you are spineless you have the right to abuse people that offend?Well...name calling can be an offense if it is done to.provoke.No excuse for racist epithets.
You're right.
But one is a felony.
What is a felony?
Saying ****** nor face smacking are felony offenses
Ok, I figured assault would be a felony.
I know that name-calling is not a chargeable offense.
Undet article 117 of the UCMJ. there is a charge called " provoking speech and gesrures."
Doing the Wrong Thing Can Get You in Trouble in the Military
But don't stop there..keen minds in the legal profession have wrestled with the distinctions between free speech and provocative speech. Here is one of those opinions:
"Provocation may be defined by statutory law, by common law, or some combination. It is a possible defense for the person provoked, or a possible offense by the person provoking. Provocation may be a defense by excuse or exculpation alleging a sudden or temporary loss of control (a permanent loss of control is in the realm of insanity) as a response to another's provocative conduct sufficient to justify an acquittal, a mitigated sentence or a conviction for a lesser charge."
Provocation (legal) - Wikipedia