Irish Code Duello, Rule 5:
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.
No, because as explained above, the police do not require a victim to press charges to make an arrest.
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.
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?
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.
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.
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.
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.
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?
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.
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.
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.
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?
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.
I think those are reasonable positions to take, but I’ll agree to disagree.
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.
This sounds super urban legendy.
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.
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.
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)
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)