[QUOTE="collegeboy64"]
I never said anything about self defense. I'm talking about justice. As for the definition of "heat of the moment": If you've ever been in a violent confrontation like that, you'd know it takes a while for the adrenaline to dissapate in your blood. It doesn't sound to me like the victim in this situation had enough time to calm down and rationally assess the situation. He was operating on instinct.
GabuEx
If his natural instinct was to go out of his way to chase the man down and beat him until he has brain damage, then I daresay that this sounds like a dangerous man. If it's a life and death situation, that would be one thing. This had, however, clearly stopped being a life and death situation at this point.
There are a number of cases where "instinct" is something that really should not be followed. I would say that this is solidly one of them. I cannot understand how it can possibly be justified to beat an unconscious man with a bat.
I know if some person attacks me and my family I am a very dangerous man to the attacker. Its been my experience, having been in a couple nasty violent confrontations that you don't choose to follow your instincts, you just do. I also know that rationality is a luxury you cannot afford when you think your life is threatened. And once the andrenaline starts flowing, its not like there is a switch you can throw to just turn it off.
I've stated this in response to another post here: Its not about if the beating was proper justice. Its about society deciding what is justice for the citizen who beat the crap out of the criminal. I don't think 2-1/2 years in jail is just. At most a suspended sentence and maybe some time on parole. If he keeps out of trouble for a couple years, expunge it off his record.
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