Why can't you have a very brief trial where you explain the definition of assault and present the uncontroversial evidence of the assault, and that's that?
Not trying to argue. Just don't see why that wouldn't work. the jury should just be like "well, it's a crime, and he did it" instead of saying it's common so we'll ignore it.
> Why can't you have a very brief trial where you explain the definition of assault and present the uncontroversial evidence of the assault, and that's that?
The reason I've heard that assault charges aren't always filed is that there has to be, and I'm paraphrasing because I don't remember the exact wording, "sufficient reason " to believe that the accuser can and will carry out his/her thread in order to make it assault.
The situation often cited for this is a 90 lb weakling gets drunk and threatens to beat up someone who fights in MMA for a living. Since the thread isn't credible this technically isn't assault.
On the other hand, if I shove a gun in your face and threaten to kill you then that very much is assault as my threat is very credible.
Some where in between is the line between assault and just being a dick, which isn't a crime.
This is often why many verbal assault cases aren't tried.
The other, unfortunate, reason is that court time is very finite. Prosecutors can only take so many cases to court and prosecutors know that people will often make these types of threats for a short period of time and then just leave that person's life.
If that's the case then the situation often resolves itself and they don't have to take up their valuable court space with this case.
Honestly, I don't want trials to ever be quick. If you're talking about putting someone in jail, you better be really freaking sure the guy is a threat to society and not just having a really bad week.
I have threatened bloody murder to many a bad library author, and the last thing I need is to get jailed because of that ;)
Not trying to argue. Just don't see why that wouldn't work. the jury should just be like "well, it's a crime, and he did it" instead of saying it's common so we'll ignore it.