John Pavlovitz, as he often does, sums up my thoughts so well in
THIS short article.
It's entitled: "Ben Fields and Many Adults Need A Refresher Course in Being Adults."
You present the court with an author who thinks his mix of hostile characterizations, baseless assumptions, loaded speculation on motives, and his occasional use of fact will be mistaken for a coherent argument - it won't.
It is a fact that she was unarmed and did not physically threaten a person.
It is a fact that he had a sidearm.
It is a fact that he had muscles.
It is a fact he was 3.0 times older.
None of these "facts" are relevant to the accusation of actual wrong doing, other than as the tiresome prejudicial red herring - the alluding to a person's looks as "evidence" of wrong doing is disreputable ploy...equivalent to a prosecutor telling a jury "Look at guy with muscles, a gun, and his age...doesn't he look like someone who assaulted the victim without a legal justification?"
Out of order Counselor. Continuing...
It is unsupported and speculative that she was nonviolent - there is some evidence of her hitting the defendant.
It is unsupported prejudicial speculation that she was troubled, or that her purpose was to test authority.
It is an unsupported prejudicial speculation for the author to claim to know what he felt regarding his manhood.
Is is an unsupported, hostile, and a prejudicial characterization that his manhood came up short.
The author "asserts personal knowledge of facts in an issue", where he has no such knowledge. He just makes it up.
Out of order again, Counselor.
I don’t care how “bad” this student wanted to show she was with her attitude and her disrespect, Officer Fields doesn’t get to show her how bad he is, by tossing her across the room like an unwanted stuffed animal. If you believe he does, I’m going to question your maturity, your humanity, and your sense of decency.
The author tells us his feelings about not caring how bad she was (etc), as if emoting is a form of self-validation. Irrelevant.
The author then makes more unsupported and prejudicial inferences about the Officers desire to show how bad he is. Irrelevant.
The author makes the claim that "he (the officer) does not get to" do things that the author has yet to prove he did, using more lurid, exaggerated, and prejudicial characterizations.
The author does not bother to show what an officer legally can/cannot do.
Finally the author expresses his personal contempt of those who disagree - giving us a rhetorical table pounding over "humanity", "decency", etc. (He left out a defense of "the American Way")
Out of order again...sigh.
One of the saddest things to surface this week is the alarming number of adults who have determined that this 16-year old somehow “deserved what she got”, many of these folks themselves parents. It’s astounding to me that we can be so cavalier and callous with someone else’s daughter.
The author seems to think his indignity and disbelief, combined with astonishment, is a form of argument. And then he accuses "we" of being so cavalier and callous because "we" disagree.
Counselor, why did you present this diatribe as "evidence". There is nothing there but histrionics, speculation, mind reading, dubious facts, and legal ignorance of the meaning of assault. Is there a rule of reason, evidence, and debate your author does not violate? Appeals to prejudice, the introduction of facts and speculations outside the scope of the issue, unsupported statements of material fact, attacks on the inhumanity those who disagree, mind reading, and various other ploys are the sort of thing that gets a lawyer disbarred.
In my court, it is merely laughed at.
Dismissed.