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From: "Rod Speed"
Subject: Re: US Mailboxes
Date: Fri, 27 Dec 2002 08:04:07 +1100
References: <email@example.com> <firstname.lastname@example.org> <email@example.com> <firstname.lastname@example.org> <3E04D993.5168868C@mfi.net> <3E04F868.892F5BF5@yahoo.com> <3E053259.4BEE4229@mfi.net> <email@example.com> <3E0A94DE.firstname.lastname@example.org> <3E0AA17D.E21DED56@mfi.net> <3E0B65C7.email@example.com>
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"Fred Bloggs" wrote in message news:3E0B65C7.firstname.lastname@example.org...
> Michael A. Terrell wrote:
> > Fred Bloggs wrote:
> >>William Meyer wrote:
> >>>Michael Painter wrote:
> >>>>A civil action could probably be brought in such a case but it does not fit
> >>>>the definition of assualt (essentially the threat) or battery (the actula
> >>>>action) here in the US.
> >>>No, but I would not be shocked to see a lawyer claim it as an attractive nuisance.
> >>LOL- that would only apply to the owner's liability to the juvenile who
> >>broke his arm while swinging the bat at the box from a vehicle traveling
> >>at 60MPH...possible.
> > The mailbox I was talking about was off the main road, on a private
> > road was properly marked "No Trespassing!", and "No trucks over 6000 lbs
> > GVW". There was no way to drive by it at any speed. You had to pull off
> > the main road, back around, then pull up to it on the right side of the
> > private road and 25 feet off the main road. So you had to trespass on a
> > private road to destroy government property. In an area with numerous
> > complaints filed with the county sheriff over vandalism. You wouldn't
> > have a leg to stand on and not much of an arm to lean on, either. :)
> The detail you are missing is *juvenile*- unless special provisions
> are made in the law- juveniles cannot commit crimes- that is, if you
> are a juvenile, you cannot commit any act that qualifies as a crime.
> This general principle has been amended in recent years to change
> this in very serious cases like murder, carjacking, arson etc where
> under law the juvenile loses this privilege and is tried as an adult.
More utter mangling. Thats just trying the juvenile as an adult, an
entirely separate question to whether a juvenile can commit a crime.
> But unless the law specifically states this, the
> juvenile act cannot be classified as a crime.
Wrong. As always.
> The relatively petty vandalism of smashing a
> mailbox will not be a formal crime for a juvenile.
Wrong. As always.
You're massively confusing the legal situation with juveniles
considered to be too young to have grasped the concepts of
criminal acts, with juveniles who are only a year or two below
what is legally an adult, to commit and be tried for crimes.
> The story for an adult is an entirely different matter- usually he/she
> has no standing to sue for an injury sustained while committing a crime-
> but even this has exceptions. I am sure everyone recalls the famous case
> from the 70's where a burglar did successfully sue an Iowa farmer who
> rigged up a shot-gun boobytrap to kill intruders. The burglar ended up
> with property rights to the farm:-)
Nothing like the situation being discussed.
> That type of thing is still considered going too far these days.
> The steel post sunk in 24" of concrete comes close
Complete and utter drivel. Making a mailbox extra
solid is NOTHING like a shotgun boobytrap you fool.
> but I'm not sure if it's quite there.
Nothing like 'quite there'
> Generally the law does not condone private crime
> prevention that leads to serious injury of the criminal-
Complete and utter drivel with just making whats
being protected from vandalism more solid.
Next you'll be claiming that you cant have
a steel door because some arsehole might
hurt themselves trying to kick it down etc.
> that i s left to law enforcement-)
Wota fucking wanker.
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