[QUOTE=Rubystreak]
Does it? If two adults got into a fist fight and both were injured, and the authorities got involved, wouldn’t they both be arrested? If neither one could prove self-defense, you think they would both be acquitted? I don’t think an unproven claim of self-defense negates the mutual assault. That seems to be what you are saying. Or have I misapprehended your point?
[/QUOTE]
If charges are filed, it will be up to the government to prove that one person assaulted the other. If both claim the other person started it, and there are no witnesses, both walk free. It’s called the presumption of innocence.
In 90% of such cases, the police respond by using their good judgement. If it’s a typical bar-room brawl, or a couple of hot-heads duking it out after a few too many beers, they won’t bother filing charges. They might take them in to the drunk tank for the night to cool off, and release them in the morning.
Imagine that - people using their judgement.
The same thing used to happen in my school, btw. If the playground monitor saw a couple of kids arguing, and the argument turned into a wrestling match, they’d usually just wade in and yell, “break it up!”. Then they’d ask who started it. If there were bystanders, they’d ask the bystanders. If it was clear who the aggressor was, he’d get detention. If it wasn’t, they’d be told to shake hands and make up. If the playground monitor had a good idea what was going on, he’d take the innocent kid aside later and say, “Look, I know that bully was picking on you. I know you can’t say so in front of his friends. But next time he gives you trouble, come to me. I’ll help you.”
Mind you, this is a particularly male attitude, and it seems like there aren’t a lot of males left in schools. In fact, the number of male teachers in primary school is now at a 40 year low of 9%. A shame. And I think boys are suffering for it.
Back then, the weak kids felt like the school might actually be on their side. Today, the school is an impersonal force set up with zero-tolerance rules. I wonder how much this nonsense will contribute to the cynicism of the next generation of adults. I know if I were expelled from school for giving a friend a tic-tac, I might grow up with a pretty dim view of authorities and institutions.
Frankly, I think the school system has responded to liability claims by barricading itself behind a wall of arbitrary rules, equally applied to all without judgement. This has left kids out in the cold.