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Re: “Discouraging encouragement, thinking greener, saving Detroit, and more

I was summarizing a report I heard some time ago on National Public Radio, although I do admit to guessing as to which of the two Anglo-French terms was more Anglo and which more French. So, I looked them up on Webster's Online Dictionary, but it is not very helpful. The bottom line being that "assault" may be the more Anglo term and "battery" the more French, or Norman, term.

I suspect the legal definition of assault as an attempt or a threat derives from many years of litigation working to refine and pin down the definition. The top non-legal definition of assault is "a violent physical or verbal attack"--but that again is the leading modern definition, not necessarily what it meant when the phrase "assault and battery" was first introduced into legal proceedings.

Which only means I cannot prove the thesis I heard on the radio independently, but I believe the report was reasonably well researched and documented. If the two words were roughly equivalent at the time of their first use, then there would be no reason for the repetition except perhaps to clarify the charges to speakers of different dialects.

Posted by Mr. K-- on 08/18/2014 at 1:55 PM

Re: “Discouraging encouragement, thinking greener, saving Detroit, and more

"What did they do; pick up every stone and pebble on the roadway between Nazareth and Bethlehem? I can't imagine just what this collection is comprised of." -- Nancy Lieber-Lazzaro

Then you don't know much about the history of Christianity. Perhaps you are assuming that by "artifacts" they are referring to things specifically and directly involving Jesus, his family, and the 12 Apostles. Artifacts can be ancient or modern -- say, Mother Theresa's head scarf, a note signed by a Pope, a sliver of wood purported to be from Noah's Ark,

Posted by Dave H on 08/18/2014 at 10:23 AM

Re: “Discouraging encouragement, thinking greener, saving Detroit, and more

Mr. K--,

Not sure where you got your definitions, but "assault" is the threat or attempt to do violence; whereas battery is the actual causing of harm. Both come from Anglo-French roots, with assault coming from the Latin "to leap" and battery meaning "to beat".

Posted by Dave H on 08/18/2014 at 10:15 AM

Re: “Discouraging encouragement, thinking greener, saving Detroit, and more

I do not know how the legal terms have changed over the centuries, but legal phrases such as "assault and battery" and "breaking and entering" etc. have their origins in England after the Norman conquest. The courts normally dealt with both Normans, who spoke French, and the English, who spoke Anglo-Saxon. The word "assault" was the French equivalent of the English word "battery". Both words were used so that there would be no question of anyone not understanding the charges against him.

If modern jurisprudence is now making some sort of distinction between the two, then we have gone very far afield from the original intent.

1 like, 0 dislikes
Posted by Mr. K-- on 08/17/2014 at 11:52 PM

Re: “Slice of Life

Yay! We live here!

Posted by lskyway on 08/17/2014 at 8:28 PM

Re: “Discouraging encouragement, thinking greener, saving Detroit, and more

Police are under no obligation to protect any one person. The Supreme Court states "duty to provide public services is owed to the public at large, and, absent a special relationship between the police and an individual, no specific legal duty exists." Attorney's for New York City stated in a case "There’s a long-standing legal precedent requiring cops to put the public safety of all ahead of any one individual’s rights."
You probably have no memory of a police officer saving a citizen from being murdered. It is not their job. Police are there enforce laws not protect individuals. The show of weapons is to impress upon the children what they will face if they break the law.
Police are now paramilitary organizations. Wikipedia defines it as: "A paramilitary is a militarized force or other organization whose organizational structure, training, subculture, and (often) function are similar to those of a professional military, but which is not considered part of a state's formal armed forces."
This will explain the black helmets, face-coverings, fatigue jackets and pants down to combat-style boots. In every officer/citizen encounter the cop expects to make an arrest and is also prepared to summon back-up officers. This is why one should never talk to police or make any sudden motions. Police ask questions only so as to enable you to incriminate yourself. A sudden motion will usually cause the officer to pull his weapon and fire. Always be courteous and quiet. When they think someone is showing respect for the badge, it is, in reality, actually a fear of the gun. If you have a firearm or even a box of ammo on the seat of your car when you are stopped for a traffic infraction and the cop sees it you will be in a choke-hold or worse in an instant.
The days of the cop on the beat are over. Today, they stay in their vehicles, windows up and can access info in an instant with communications devices connected to databases nationwide. SWAT utilizes automatic rifles and explosives not to mention armored vehicles plus numerous other military grade equipment. They are isolated from citizens and are directed to wage War on Drugs, handguns, DUI and criminal gangs/ organizations. Citizens are secondary concerns. It is up to you to defend your life and your family's lives.

There are so many laws now that nobody has ever or will ever be able to read them all. Each citizen in America breaks 3 laws a day without even knowing it. That does not include the court's freedom and willingness to interpret any law they wish plus they use language that has legal definitions apart from ordinary meanings. When you hear "assault" weapons you think you know what "assault means. You hear "Assault and battery" and think that someone was assaulted i.e. punched, stabbed etc. But "Assault and battery" is the combination of two violent crimes: assault (the threat of violence) and battery (physical violence). Of course this legal distinction exists only in jurisdictions that distinguish assault as threatened violence rather than actual violence!
"Protect and Serve" is a long dead slogan that meant nothing in as much you won't see it anywhere but in old movies. A better slogan on police cars would be "We Are Not What You Think".

Read this Jan,…

0 likes, 2 dislikes
Posted by Robert Wyman on 08/17/2014 at 8:04 PM

Re: “Doused with Cold Water

Laura you are right on!

Posted by missjoanne on 08/17/2014 at 8:01 PM

Re: “Revolution at the door

I'd be happy if all the highfalutin' movers and shakers in city government would take time out from their fantasies to fix the roads. Uintah, Union, Constitution, Wahsatch, it doesn't matter. It's a battle to stay in your own lane because of the uneven patchwork paving. Residential streets near Palmer Park are even worse.

Downtown simply doesn't matter to the vast majority of the population that lives north and east of the Interstate. Look at where the new hospitals are. People north and east of Austin Bluffs often tell me they never go downtown because it's too far, yet they'll drive to south Denver in a heartbeat. It's a perception thing. If you want them to support C4C, you'd better show them a benefit.

3 likes, 0 dislikes
Posted by Clara McKenna on 08/17/2014 at 7:18 PM

Re: “Local pot pioneer wants out, Springs cannabis comic fest debuts and more

Michael Lee wanting to leave( again) Its very hard to run a shop when you run all your customers off. As for being raided by the dea ( LIE ) I was there the dea came to the shop because he filed for a class 1 dea lic. for his lab and as the 9 agents said when they showed up they were not there to bust anyone they were there because they wanted to know who would be stupid enough to apply for a class 1 dea lic. as a medical marijuana shop owner. When you write about Michael Lee you should fact check what he says.

Posted by EgoVir Est on 08/17/2014 at 8:26 AM

Re: “A 'silly-ass law'

Barney's is still there, on the same block as a homeless shelter. It's right around the corner from Springs Rescue Mission, too. [SARCASM] It's a wonder the homeless and the drug addicts haven't destroyed this local business given their proximity to it. [/SARCASM] It's still extraordinarily cheap, too. She wasn't "the one" though. The last time I was there my date and I ate breakfast for about $10. We left a huge tip, too. We wipe our asses with $20 bills, so why not tip 100%? I'd rather be one of the miscreants than one of the goobers, thank you very much.

0 likes, 1 dislike
Posted by Aston on 08/15/2014 at 11:12 PM

Re: “Revolution at the door

happyfew, your obvious prejudice against the elderly makes you no better than those you choose to criticize. The old people I know think Obama is too conservative.

2 likes, 3 dislikes
Posted by Mr. K-- on 08/15/2014 at 8:55 PM

Re: “Revolution at the door

Obama got almost 40% of the vote in El Paso county in 2012. how many old white people have died since then? the tide is turning in this county so don't give up hope local progressives. we need to make our voices heard by bouncing lamebrain and at the very least getting moderates on the city council and in the mayors office. if not this city will continue to stagnate and lose young people...and continue to elect "nattering nabobs of negativity".

5 likes, 3 dislikes
Posted by happyfew on 08/15/2014 at 3:50 PM

Re: “Dusting off Gold Hill Mesa

This article is total crap. Do your homework. The heavy metals that are left from the gold mill have been remediated and capped. They don't blow around. That is all that is needed. The developer VOLUNTARILY cleaned it up with the state. It is safe. I'd worry a lot more if I were around that neighborhood, in the unremediated areas where the metals flowed to. So, you know, the old west side. We are in a mineral-rich area, there are tailings ALL OVER this town. In fact the Villa De mesa townhome community right next to Gold Hill has been there 25 years and is unremediated. No one has had any problems there.

Also, many people grow and eat food in Gold Hill. I haven't seen any kids with two heads. What you sign is not growing anything that has roots down to 6 feet, below the cap. Which is like one type of beet. So you can't grow that beet. Otherwise it's fine. Also, remediating a site close to a city center is a lot more socially responsible than buying a sprawl house on the east side. This community is doing good for this town

This guy is a joke of a journalist.

Posted by apostasy on 08/15/2014 at 12:56 PM

Re: “Council delays recreational-marijuana decision, New York gains MMJ and more

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Posted by Abumere Carolina on 08/15/2014 at 12:10 AM

Re: “Spill it, NASA

All good to know and ponder about - BUT how much did/does it cost us taxpayers to find out ... nothing?? Maybe NASA should give us a refund?? Non-knowledge is too expensive. Another thought-provoking, intelligent column - THANKS.

Posted by thaler on 08/14/2014 at 1:51 PM

Re: “Would-be thief dodges flying beer

Yes, smartphone are deadly is a paper on the effects of a smart phone on the brain and see what other damages it can do:

Posted by Kelly Chambers on 08/13/2014 at 5:43 PM

Re: “Discouraging encouragement, thinking greener, saving Detroit, and more

"What a shameful abuse of the police's role in our community — to serve and protect"

Jan, they are "serving", by educating the populace--including children--about their role in the community, and what do you think they use to "protect" us all; unicorn horns and dragon-claws?

3 likes, 18 dislikes
Posted by Jeff Faltz on 08/13/2014 at 6:27 AM

Re: “Spill it, NASA

For Man to think that he is alone in the vastness of the a foolish thought indeed.
Peace Y

4 likes, 0 dislikes
Posted by Kevin Mark Bauer on 08/13/2014 at 5:58 AM

Re: “Revolution at the door

Should Steve Bach choose to run for a second term, would you support or oppose a second term? Thank you for taking time to participate in the 'quick-poll' below!…

2 likes, 3 dislikes
Posted by Staci6 on 08/13/2014 at 2:25 AM

Re: “Bargain shopping with Anschutz

Agreed. I'm all for the things that Anschutz is doing. Saving the local paper, bringing in major talent to local venues and more.

2 likes, 4 dislikes
Posted by imjohn on 08/11/2014 at 8:17 PM

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