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The Range
Law & Order
NYC Bodega Worker Who Fought Off Ex-Convict Freed Thanks to Reduced Bail
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<blockquote data-quote="ricco" data-source="post: 3817426" data-attributes="member: 46005"><p>If the Prosecutor determines a persons actions were legal "self defense" as defined by state statutes there would be no bail because there wouldn't a charge(s) filed. In Albas case the Prosecutor didn't believe Alba acted in self defense but rather committed murder. The Prosecutor always get's to decided whether or not to file charges. If the state has a Grand Jury system they will decide if the charges warrant a trial. In states without a Grand Jury system the Prosecutor alone makes the decision.</p><p></p><p>Proportionality is relative in terms of size, strength, age, etc. and open to argument. Where proportionality is less ambiguous is when one person is armed and the other isn't armed, Zimmerman, Drejka, Rittenhouse, et al., and we see it here with Alba. By law just the the sight of what is considered a deadly weapon when brought into a confrontation can result in Aggravated Assault charges. Depending on the state agg assault can result in sentences as long as 20 years, e.g., the McCloskeys in St Louis were looking at 5 years before a plea bargin was struck. Typically, when no weapons are present in a confrontation is one person arming themself with a deadly weapon legal. "Disparity Of Force" is term gun guys like to use to justify to themselves for bringing a deadly weapon to a fist fight. Disparity of force, furtive movement and such usually won't dissuade a Prosecutor from going to trial and a jury will decide their legitimacy.</p></blockquote><p></p>
[QUOTE="ricco, post: 3817426, member: 46005"] If the Prosecutor determines a persons actions were legal "self defense" as defined by state statutes there would be no bail because there wouldn't a charge(s) filed. In Albas case the Prosecutor didn't believe Alba acted in self defense but rather committed murder. The Prosecutor always get's to decided whether or not to file charges. If the state has a Grand Jury system they will decide if the charges warrant a trial. In states without a Grand Jury system the Prosecutor alone makes the decision. Proportionality is relative in terms of size, strength, age, etc. and open to argument. Where proportionality is less ambiguous is when one person is armed and the other isn't armed, Zimmerman, Drejka, Rittenhouse, et al., and we see it here with Alba. By law just the the sight of what is considered a deadly weapon when brought into a confrontation can result in Aggravated Assault charges. Depending on the state agg assault can result in sentences as long as 20 years, e.g., the McCloskeys in St Louis were looking at 5 years before a plea bargin was struck. Typically, when no weapons are present in a confrontation is one person arming themself with a deadly weapon legal. "Disparity Of Force" is term gun guys like to use to justify to themselves for bringing a deadly weapon to a fist fight. Disparity of force, furtive movement and such usually won't dissuade a Prosecutor from going to trial and a jury will decide their legitimacy. [/QUOTE]
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