Affray conviction
Nov 20th 2009, 10:13 am
#16
Banned
Joined: Oct 2009
Posts: 31
Re: Affray conviction
Hi:
I understand what you are saying. But let do a "suppose" which is part of the Socratic method used in law school -- suppose two men are in a heated argument in a pub. Mr. X raises his fists and says "Put your fists where your mouth is." Mr. Y raises his fists in response and says "OK." Everybody around them goes "Oh, boy!" and moves away. The one exception being Mr. Z who approaches them and says "Beak it up boys." Thereupon fists drop and not a blow lands.
That is an affray. The intent [what us legal types call mens rea] does not rise to the level of CIMT.
Do note that this is the top of my head thought which leads to the "gut" feeling.
The CIMT issues are often not all that easy.
I understand what you are saying. But let do a "suppose" which is part of the Socratic method used in law school -- suppose two men are in a heated argument in a pub. Mr. X raises his fists and says "Put your fists where your mouth is." Mr. Y raises his fists in response and says "OK." Everybody around them goes "Oh, boy!" and moves away. The one exception being Mr. Z who approaches them and says "Beak it up boys." Thereupon fists drop and not a blow lands.
That is an affray. The intent [what us legal types call mens rea] does not rise to the level of CIMT.
Do note that this is the top of my head thought which leads to the "gut" feeling.
The CIMT issues are often not all that easy.
Nov 20th 2009, 2:53 pm
#17
Forum Regular
Joined: Oct 2008
Posts: 209
Re: Affray conviction
So what happened to Mr X if Mr Z is convicted of affray. That is a question to be asked isnt it. Nothing because the OP didnt indentify his friend or the friend got 3.5 years for stabbing a man? If the OP didnt give up his co-accused he might have a problem He will come across as how can I put it a scumbag hell u choose the word if that causes offence if he didnt give up his friends in the affray he sure as hell wasnt on that street by himself. Oh and its highly likely the affray was committed when drunk so the OP might have to deal with those issues. English lad drinking... it becomes difficult to let him into the states doesnt it....?
Nov 27th 2009, 12:45 pm
#18
Banned
Joined: Oct 2009
Posts: 31
Re: Affray conviction
The OP went down for affray what did the other defendants go down for he wasnt on the street alone was he bjohn? Or did he not provide police with the names of his co accused.
Like any case they will consider different factors before making the decision. For example if the OP kept quite about his fellow defendants that might be considered an aggrevating factor in the case as would be the case if the victim was elderly, a woman or disabled in some way. It would be a mitigating factor if the OP pleaded guilty, named his co accused and paid the compensation on time.
Check this out Bjohn Mr F
http://www.sheffieldtelegraph.co.uk/...tes.5816795.jp
Let us consider the case of Matthew Hague 21 years old on trial for affray not murder maybe he should be under joint enterprise. Let us assume he will be convicted of the affray will he be able to apply for a U.S visa WITHOUT disclosing that a man died during his "affray" once they hear that man died its over for Mr Hague isnt it?
The OP probably wouldnt have cared if he had killed the victim and the U.S embassy staff know it.
Like any case they will consider different factors before making the decision. For example if the OP kept quite about his fellow defendants that might be considered an aggrevating factor in the case as would be the case if the victim was elderly, a woman or disabled in some way. It would be a mitigating factor if the OP pleaded guilty, named his co accused and paid the compensation on time.
Check this out Bjohn Mr F
http://www.sheffieldtelegraph.co.uk/...tes.5816795.jp
Let us consider the case of Matthew Hague 21 years old on trial for affray not murder maybe he should be under joint enterprise. Let us assume he will be convicted of the affray will he be able to apply for a U.S visa WITHOUT disclosing that a man died during his "affray" once they hear that man died its over for Mr Hague isnt it?
The OP probably wouldnt have cared if he had killed the victim and the U.S embassy staff know it.
