BRAWLERS: Place for them is in jail
I have just read “Men brawl over dogs” and I was just wondering why no one went to jail since brawling is fighting and fighting is illegal. In fact, under Idaho statute 18-901, assault is defined as:
(a) An unlawful attempt, coupled with apparent ability, to commit a violent injury on the person of another; or
(b) an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
Battery is defined in Idaho statute 18-903 as:
(a) Willful and unlawful use of force or violence upon the person of another; or
(b) Actual, intentional and unlawful touching or striking of another person against the will of the other; or
(c) Unlawfully and intentionally causing bodily harm to an individual.
Because they agreed to fight with each other doesn’t mean that the law shouldn’t apply to them it just means that both people are guilty. Nor should it matter whether they don’t press charges against each other, because a crime has been committed by both people and they need to answer for their behavior under the law just as any of us would. People who have political connections, or status are too often given a pass for their criminal activity, while us everyday citizens go to jail for the same behavior. How can people keep having respect for the law when they see this happening over and over again.
Who was the officer who did the investigation? Does the “deputy” have a name? Did he take pictures of the injuries that can later be used in court? Did the injured person receive medical treatment on the scene or later? “Noticeable lacerations” doesn’t really tell us much about the injuries. Idaho is different from most all other states because under domestic violence laws in those states one or both would have gone to jail immediately, but a person is guilty of domestic violence in Idaho only if the assault is committed by another person living in the same household. Maybe it is time to go back over that law again and bring it up to standards with other states, and federal laws. I hope every one will be watching to see how the county prosecutor handles this situation. I know I will be.
PAULA JOHNSON
Rathdrum