Quote:
Originally Posted by blankall
Provocation is taken into account during sentencing.
For me, a lot of how I perceive this incident will depend on how they came to be in close physical contact. If the guy is being an ass but keeping his distance, this makes McKenna's actions worse. If the guy is the one who approaches McKenna, it makes his actions more understandable.
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I wonder how it works in a civil case. Like if someone is suing you for damages, does provocation come into play? I know criminal law and civil law often have different thresholds when it comes to culpability. For example, you can be found criminally not guilty yet still be held accountable in a civil suit. I wonder if the opposite can be true. It seems like judges have a little more discretion in civil courts.
If not, I am going to go and antagonize rich people and get paid.