# So what's the deal with not pressing charges **URL:** \ **Category:** Factual Questions\ **Created:** [March 28, 2022, 3:58pm UTC](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840 "2022-03-28T15:58:48Z")\ **Posts on this page:** 20\ **Page:** 4
**Author:** ![DPRK](https://avatars.discourse-cdn.com/v4/letter/d/4491bb/32.png) [@DPRK](https://boards.straightdope.com/u/DPRK)\ **Post date:** [March 29, 2022, 11:02am UTC](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840/61 "2022-03-29T11:02:28Z")
> [@UltraVires](#): > > To the contrary, allowing rich and privileged people to get away with it breeds disrespect for the law. Irish Code Duello, Rule 5: > [@](#): > > As a blow is strictly prohibited under any circumstances among gentlemen, no verbal apology can be received for such an insult. The alternatives, therefore – the offender handing a cane to the injured party, to be used on his own back, at the same time begging pardon; firing on until one or both are disabled; or exchanging three shots, and then asking pardon without proffer of the cane. > > If swords are used, the parties engage until one is well blooded, disabled, or disarmed; or until, after receiving a wound, and blood being drawn, the aggressor begs pardon. ---
**Author:** ![Jasmine](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jasmine/32/2964_2.png) [@Jasmine](https://boards.straightdope.com/u/Jasmine)\ **Post date:** [March 29, 2022, 11:59am UTC](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840/62 "2022-03-29T11:59:59Z")
> [@md-2000](#): > > IANAL… etc. There’s also the concept of “fighting words” which are likely to incite a response. (Like insulting a man’s wife by making a joke about a serious disfiguring medical condition). Yes, Chris Rock crossed a line when he took advantage of Jada Pinkett Smith’s affliction by ridiculing and body shaming her in front of her peers and a national audience. Going to court would only keep this issue in the news and drag out a very ugly incident that reflects poorly on BOTH parties. Making it go away is best for everyone concerned. ---
**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\ **Post date:** [March 29, 2022, 12:02pm UTC](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840/63 "2022-03-29T12:02:47Z")
> [@Saint\_Cad](#): > > Would the cops force me to press charges in order to hold him accountable? No, because as explained above, the police do not require a victim to press charges to make an arrest. > [@Saint\_Cad](#): > > Like when your Ring picks up a porch-pirate and everyone can ID him as Bob Jones. Dudes, that an easy win in court but the cops are, nah not worth our time. That is definitely not my experience. I’ve seen a cop arrest somebody for throwing a balled up t-shirt at another person, or for pulling somebody’s hair. The prosecutors may ultimately decide to dismiss the case (usually because the victim refuses to cooperate), but the police are happy to make the arrest. ---
**Author:** ![HeyHomie](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/heyhomie/32/207_2.png) [@HeyHomie](https://boards.straightdope.com/u/HeyHomie)\ **Post date:** [March 29, 2022, 12:24pm UTC](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840/64 "2022-03-29T12:24:05Z")
What crimes _can’t_ you consent to? I remember the story of a guy in Europe (I think) whose dream was to be murdered and eaten by a cannibal. Through Craigslist, he found a guy whose dream was to murder and eat a guy. Guess what happened? Regardless, the murderer was tried. Obviously since this didn’t take place in the US the story isn’t relevant to US law, and is mentioned here for illustrative purposes. And what about exceptionally hard-core porn? Like if the actress says her safe word is “Jill Biden” and the actor continues spanking her well after she utters the safe word - has such a crime ever been adjudicated in a US court? Are safe words written into porn actors’ contracts? ---
**Author:** ![Cheesesteak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cheesesteak/32/3694_2.png) [@Cheesesteak](https://boards.straightdope.com/u/Cheesesteak)\ **Post date:** [March 29, 2022, 12:26pm UTC](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840/65 "2022-03-29T12:26:57Z")
> [@Moriarty](#): > > I’ve seen a cop arrest somebody for throwing a balled up t-shirt at another person, or for pulling somebody’s hair. Remember that mall fight with two teens about a month ago? The cops witnessed them throw punches at each other, and take the fight to the ground, requiring the cops to physically separate them. Aside from the scandalous “we will handcuff the black teen face down with a knee in his back and sit the white teen down on a couch” aspect, both boys were released without charges, long before the video went viral. Seems to me there is nothing unusual about the police witnessing or breaking up a fight only to let everyone go without arrest. I’m happy to be schooled by our resident LEOs that they would always arrest people who lay hands on each other. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [March 29, 2022, 2:01pm UTC](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840/66 "2022-03-29T14:01:23Z")
Absolutely would not be charged in my state. Rules are different between what is in most states called a felony and a misdemeanor. And things are certainly different if it’s a domestic violence issue. You can answer these types of questions with generalities. When you start saying it going to be the same across the country you will probably be wrong. ---
**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\ **Post date:** [March 29, 2022, 2:27pm UTC](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840/67 "2022-03-29T14:27:53Z")
> [@UltraVires](#): > > I mean, with some of the opinions in this thread, it is amazing that anyone is ever convicted of anything and I wish you were on my juries. I’m not sure how I’d vote. It would depend on the specifics of the law, and what the evidentiary standards of raising the consent affirmative defense are, etc. I’m just saying I can see why prosecutors don’t want to get into this nonsense and that even really clear video might not be enough. Of course Smith’s public apology makes it much harder to make that defense, but I wrote all that above before I knew about it (possibly before it had been made). I’m not sure I agree that this being a publicity stunt is far-fetched enough to go beyond a reasonable doubt. When I hear about some public feud between celebrities that massively raised their newsworthiness, I think “publicity stunt” is on average a pretty likely explanation. Note that I’m not saying on the balance that I think _this_ case mostly likely is, just that it’s not a crazy possibility. > [@Whack-a-Mole](#): > > Make them say that in court under oath. We can’t force Smith to testify. That’s not how our justice system works. His lawyers would have to make some kind of argument and introduce some kind of evidence to create some reasonable doubt. How much and exactly to what level I don’t know, but I know that Smith is going to be willing to put as many good expensive lawyers on it as necessary. How much of our public resources do we want to pour into prosecuting this? This is of course why the rich and powerful often get away with things that normal people wouldn’t. Which isn’t a good thing, but on the balance this specific case doesn’t seem like a huge deal to me. But also: people occasionally make bad choices and come to blows, then calm down, apologize, and work it out themselves and move on. And if no one involved thinks there is an ongoing threat, how much do we think the state should intervene? My answer is “not much”. This is _very_ different from domestic violence, where there’s a pattern of ongoing violence and I think we have a duty to intervene and protect the weak. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [March 29, 2022, 7:30pm UTC](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840/68 "2022-03-29T19:30:35Z")
Come on. This is common in comedy clubs for a comedian to insult someone’s weight, looks, clothing and (used to be sexual orientation). Are you saying that if I go to a comedy club and I feel that the comedian has sufficiently insulted my spouse, I should legally be able to go on stage and slap him? More importantly, would I be treated the same as Will Smith? No problem, just go back to your seat and listen to the rest of the show? ---
**Author:** ![Jasmine](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jasmine/32/2964_2.png) [@Jasmine](https://boards.straightdope.com/u/Jasmine)\ **Post date:** [March 29, 2022, 7:47pm UTC](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840/69 "2022-03-29T19:47:12Z")
> [@UltraVires](#): > > his is common in comedy clubs for a comedian to insult someone’s weight, looks, clothing and (used to be sexual orientation). He mocked her very painful affliction. If that is also fine in a comedy club, then I’m glad I don’t attend. Also, I never excused Will Smith for his unacceptable behavior. So, no, I’m not saying anything of the kind. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [March 29, 2022, 8:04pm UTC](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840/70 "2022-03-29T20:04:43Z")
> [@iamthewalrus\_3](#): > > We can’t force Smith to testify. That’s not how our justice system works. His lawyers would have to make some kind of argument and introduce some kind of evidence to create some reasonable doubt. How much and exactly to what level I don’t know, but I know that Smith is going to be willing to put as many good expensive lawyers on it as necessary. How much of our public resources do we want to pour into prosecuting this? This isn’t the O.J. case. Get a rookie prosecutor fresh out of law school. Call the cameraman and ask him if this video accurately depicts what he filmed. Get a jury instruction of what an assault and/or battery is and an instruction that mere words are not a defense to battery. Rest case. Then it is up to Smith’s defense team to raise an affirmative defense that this was stage—legally that Rock consented to this. You could call Smith, Rock, or possibly a third party who helped plan it. Maybe they break the law and perjure themselves and are subject to cross examination. Then the jury does what all juries do. Look at the evidence and decide. A 1/2 day trial at most. No draining of the public fisc. ---
**Author:** ![Cheesesteak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cheesesteak/32/3694_2.png) [@Cheesesteak](https://boards.straightdope.com/u/Cheesesteak)\ **Post date:** [March 29, 2022, 8:07pm UTC](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840/71 "2022-03-29T20:07:04Z")
> [@UltraVires](#): > > This is common in comedy clubs Since when is a nationally televised awards show the same thing as Yuk Yuk’s? If some comedian gets done insulting a guy’s wife and the dude takes a swing at him before being separated and ejected from the bar, I guarantee that the owner of the bar is going to just tell the hubby to leave and not come back, rather than entertain a 911 call, multiple cop cars out front and a cessation of their money making activities to ensure that “justice” is done for the comedian they’re paying $50 to disappoint the crowd. The comedian demands justice then and there? That guy isn’t hired back, anywhere. If hubby is a regular, a money maker for the bar? I’m thinking the comedian will be told he’s not Don effing Rickles and to be more careful who he insults next time. ---
**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\ **Post date:** [March 29, 2022, 8:24pm UTC](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840/72 "2022-03-29T20:24:08Z")
For the sake of argument let’s say you are correct (I think what you’ve laid out is reasonable). I don’t think it’s even worth a half a day of 12 citizens’ lives to deal with this. That rookie prosecutor and everyone else involved could be dealing with a battery case where there’s some likelihood of ongoing danger or a victim who cares. Should we prosecute minor battery cases because they happen to be well known and documented? ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [March 29, 2022, 8:50pm UTC](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840/73 "2022-03-29T20:50:15Z")
> [@iamthewalrus\_3](#): > > Should we prosecute minor battery cases because they happen to be well known and documented? Yes because of fundamental fairness. Any guy in LA who gets arrested for battery can rightfully say, “Why are you arresting me? Will Smith did the same thing in front of 15 million people and you didn’t mess with him?” Also, the victim’s wishes should not matter, and we always hear in DV cases. This is not an old Abrahamic or Judaism law where the victim decides the punishment. This is a crime against the State of California. The victim has a civil court system to pursue, or not as he/she chooses, his or her private rights. ---
**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\ **Post date:** [March 29, 2022, 8:54pm UTC](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840/74 "2022-03-29T20:54:11Z")
I think those are reasonable positions to take, but I’ll agree to disagree. ---
**Author:** ![Cheesesteak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cheesesteak/32/3694_2.png) [@Cheesesteak](https://boards.straightdope.com/u/Cheesesteak)\ **Post date:** [March 29, 2022, 8:59pm UTC](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840/75 "2022-03-29T20:59:37Z")
> [@UltraVires](#): > > Any guy in LA who gets arrested for battery can rightfully say, “Why are you arresting me? Will Smith did the same thing in front of 15 million people and you didn’t mess with him?” Ever go fishin’? Yeah… Catch every fish? ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [March 29, 2022, 9:09pm UTC](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840/76 "2022-03-29T21:09:54Z")
> [@Cheesesteak](#): > > Ever go fishin’? > Yeah… > Catch every fish? This would be like catching and keeping most of the fish that you make an effort to go out and get, but throw back the one that jumps out of the water and lands in your cooler. ---
**Author:** ![Lance\_Turbo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lance_turbo/32/6156_2.png) [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)\ **Post date:** [March 29, 2022, 11:29pm UTC](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840/77 "2022-03-29T23:29:35Z")
> [@Saint\_Cad](#): > > And had the slap made Chris Rock take a step back, in California that is also kidnapping. This sounds super urban legendy. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [March 29, 2022, 11:48pm UTC](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840/78 "2022-03-29T23:48:04Z")
> [@md-2000](#): > > IANAL… etc. There’s also the concept of “fighting words” which are likely to incite a response. (Like insulting a man’s wife by making a joke about a serious disfiguring medical condition). Fighting words are considered a form of provocation. They do not justify assault, but are likely to reduce the severity of the charges. The YouTuber Legal Eagle notes in the video below that what Chris Rock said in no way whatsoever constitutes fighting words. Insulting someone’s wife does not count. He discusses “fighting words” [@7:05](https://youtu.be/PtxNsc85KMw?t=425). Also, FWIW, he says that what Smith did absolutely falls under California’s assault & battery law. A DA certainly could bring this case if they wanted to. [![](https://img.youtube.com/vi/PtxNsc85KMw/maxresdefault.jpg "Real Lawyer Reacts to Will Smith Slapping Chris Rock") ](https://www.youtube.com/watch?v=PtxNsc85KMw) ---
**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\ **Post date:** [March 29, 2022, 11:59pm UTC](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840/79 "2022-03-29T23:59:43Z")
> [@Saint\_Cad](#): > > Like when your Ring picks up a porch-pirate and everyone can ID him as Bob Jones. Dudes, that an easy win in court but the cops are, nah not worth our time. Incidentally, one my local news blotter stories that popped up recently was of a “porch pirate” who got arrested after the homeowner confronted him. The value of what he stole was about $15. His bond is $10,000 (he almost certainly has priors) > **[Pinellas Co. homeowner busts alleged porch pirate](https://www.wfla.com/news/pinellas-county/pinellas-co-homeowner-busts-alleged-porch-pirate/amp/)** > > An alleged porch pirate was caught by the home’s owner and arrested, according to police. ---
**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\ **Post date:** [March 30, 2022, 12:07am UTC](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840/80 "2022-03-30T00:07:42Z")
> [@Lance\_Turbo](#): > > > [@Saint\_Cad](#): > > > > And had the slap made Chris Rock take a step back, in California that is also kidnapping. > > This sounds super urban legendy. While I agree with you, in Florida if a person reaches into a car to slap you it can be charged as a “burg batt” (a burglary with a battery, which is a felony). The burglary charge arises because you “broke” into a conveyance - the car. (It’s a stupid charge, and usually gets pled down, since a jury would have lesser included offenses to choose from) [Previous page](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840.md?page=3) [Next page](https://boards.straightdope.com/t/so-whats-the-deal-with-not-pressing-charges/961840.md?page=5)