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Yes that's all correct. But it will not apply to a large disorganized group some of whom committed violent crimes, some of whom were rioters, some of whom were trespassers, some of whom were protesters, some of whom were observers, and some of whom were walking by on their way to the minimart to buy milk. The vast majority of those folks didn't know each other from Adam or communicate or coordinate in any way. Reasonable doubt applies and prosecutors can't just cast a net over everybody who was in DC that day.Originally Posted by trvsmrtn
I’m no lawyer, I just play one online, and that statute says that the “ occurrence results in significant bodily injury”. If I’m not mistaken, just participating in a criminal act where someone is hurt, makes that person liable. I equate it to felony manslaughter, where, for example if two guys commit armed burglary and the victim shoots and kills one of the burglars, the other burglar can be charged with felony manslaughter. This is also my familiarization of state law vs what I don’t know about federal law, so I’m just speculating.
Small subgroups who communicated and acted together as teams, that might be different but of course they have to prove it.
Look at all the riots last year, IIRC only the actual perps got charged when it came to violence against persons. They didn't try to extend that to other random rioters.
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"They" could "consider" that but "they" also know it would get thrown out of court in 90 seconds.Originally Posted by trvsmrtn
Also, since there are videos of people outside beating a cop with crutches, flagpoles, and other stuff, they could consider anybody carrying anything inside as possessing a weapon.
Purpose built weapons are always weapons.
Other items *can* be weapons but only in context... that normally means you have to actually use a non-weapon as a weapon before it counts. Also possible in the context of taking non-weapons into a place or situation where their ONLY use is as weapons but that's a stretch... you could make a case that you had a reason to carry that bat into the bar because you were on your way home from a softball game, that would be OK as long as you didn't hit anyone with it. Tricky at best, and flags, crutches, umbrellas, folding chairs, water bottles are all obviously things you'd bring to a rally. Tire irons and baseball bats maybe not... but if you also had a glove and ball, you could always play a game on the front lawn. Even a legally displayed folding clip knife is a tool, not a weapon, unless and until used as a weapon... that's why people can carry them around in their 501 pockets.
Bottom line, there is not going to be any cart-blanche mass gestapo roundup and gulaging of 99% of the protestor/rioters. They're going to have to make specific cases against specific individuals, and the vast majority of those they do snag will fall under the lesser misdemeanor component of the law.
All that said, in this unusual circumstance it's possible DoJ might throw some stuff on the wall just for optics, even knowing full well it won't stick... that way they don't take the heat for inaction, and get to punt it over to the judiciary.