Knifey-spoony (Simpsons)

[justalayman]

In New York it's a "dangerous instrument". Which basically means anything that can be used to cause an injury to another. It get's charged as "Criminal Possession of a Weapon" if it used used for that purpose, otherwise it's just a baseball bat and is perfectly legal.

It’s a dangerous instrument unless it’s in the hands of a Yankee player

 

[Whoops2u]

It’s a dangerous instrument unless it’s in the hands of a Yankee player

It is clearly a dangerous instrument then; it's not like they are using it as a tool to hit a baseball if someone's on base.

 

[HighwayMan]

There was an assault incident in Detroit where the weapon was listed by police as "foot."

I'd like to see a law that bans feet.

I've seen a few feet in my day that should be outlawed for sure.

 

[Whoops2u]

From what's been written here, you'd think the news article on the attempted stabbing would use the term "alleged switchblade" rather than just switchblade.

https://sanfrancisco.cbslocal.com/2018/09/11/man-assaults-republican-congressional-candidate-switchblade-castro-valley/

 

[quincy]

From what's been written here, you'd think the news article on the attempted stabbing would use the term "alleged switchblade" rather than just switchblade.

https://sanfrancisco.cbslocal.com/2018/09/11/man-assaults-republican-congressional-candidate-switchblade-castro-valley/

Reporters report on what they are told or on what is in a police report. If the knife is referred to as a switchblade, that is what is reported. It is not the reporter's job to interpret knife laws.

 

[xylene]

10 bucks says the knife is a legal assisted opener.

Just like that alleged Russian spy broad with the "damning" sex for info twitter DMs that were clearly jokes.

 

[quincy]

10 bucks says the knife is a legal assisted opener.

Just like that alleged Russian spy broad with the "damning" sex for info twitter DMs that were clearly jokes.

There is sure to be a defense argument on the knife's legality.

 

[Whoops2u]

I don't think the fact the knife was or was not a felony on its own is going to change the eventual sentence the suspect will get. In fact, I'd say he was under-charged unless the police have a very good reason for not finding intent to kill.

 

[quincy]

Possibly. We will have to see.

 

[xylene]

I'd say overcharging and sensationalizing is par for the course for prosecutors in a desire to pre-sway the jury pool and media coverage in their favor.

 

[Whoops2u]

I'd say overcharging and sensationalizing is par for the course for prosecutors in a desire to pre-sway the jury pool and media coverage in their favor.

I'm not sure how much media coverage is going to be in their favor in that part of California for the attempted stabbing of a Republican candidate. They're more worried about the pool in general. I suspect the prosecution might be the ones seeking a change of venue.

 

[quincy]

A change of venue because of media coverage would be rare,

 

[Whoops2u]

A change of venue because of media coverage would be rare,

As I said, they're more worried about the pool in general.

From Wikipedia:
According to the California Secretary of State, there are 709,414 registered voters in Alameda County. 401,847 (56.6%) are registered Democrats, 116,864 (16.5%) are registered Republicans, 33,689 (4.8%) are registered to minor political parties, and 157,014 (22.1%) declined to answer. This means Democrats have a 40.1% registration advantage over Republicans. Every city, town, and unincorporated area in Alameda County has more registered Democrats than Republicans.

Even finding a Republican to stab is difficult in the county.

 

[quincy]

A change in venue will still be difficult.

 

[Whoops2u]

A change in venue will still be difficult.

I assume it is always difficult. Just as I assume it is usually requested by the defense. At least two of the five factors, Status of Defendant in the community and Status of the Victim in the community have the case law decisions worded in a way that is from the point of view of the suspect.