Another high school student pushed my child six times in the forehead prior to my daughter retaliating and fighting back? The school said it was not self-defense because she fought and punched back instead of just trying to push the kid off? I don't think either girl intended to fight (they didn't know each other), however, they were in the crowded lunch line and the other girl was upset with my daughter because she made a spitting sound when the girl pushed through ahead of the others waiting in line. She did not actually spit, however the girl began harassing my daughter as she pushed her in the forehead saying "tell me you did not spit on me so I don't have to kick your butt". The kids around told her she was not spit on, including my daughter, however, after the sixth or seventh push in the head my daughter said "yes". My daughter was arrested and charged with fighting as the school policy stated she had to be. My child has never fought before. Is this fair?
2007-10-24 04:11:23 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
In the school sysyem here in Arkansas, self defense is "backing off". If both kids throw punches, they are both guilty of fighting.
2007-10-24 04:17:01 · answer #1 · answered by sensible_man 7 · 2⤊ 0⤋
The general answer is: "A person may use physical force to prevent imminent physical injury"
It does not sound as if the situation you described fits the criteria. There was no threat of imminent physical injury as your daughter could have stepped away instead of retaliating. This is what is often termed a mutual fight.
http://en.wikipedia.org/wiki/Self-defense_(United_States)
2007-10-24 11:18:55 · answer #2 · answered by davidmi711 7 · 0⤊ 0⤋
If another person put their hands on you (or your child) first, I would consider it self defense. No one has the right to touch you. I would have done the same thing as your daughter. A person can only deal with so much before snapping.
2007-10-24 11:18:17 · answer #3 · answered by princess-one 1 · 0⤊ 1⤋
To discourage violence altogether, the school system does not consider any self-defense acts. As far as they're concerned, your child could have gotten help from an adult.
2007-10-24 11:19:52 · answer #4 · answered by Xiomy 6 · 0⤊ 1⤋
To me, self defense is using equal force or less to defend yourself. From what you say, your daughter used more force than what was used on her.
2007-10-24 11:19:27 · answer #5 · answered by Mutt 7 · 1⤊ 0⤋
she was arrested ?
time for a chat with a lawyer...no school system can deny you the right of self-protection.
2007-10-24 15:46:37 · answer #6 · answered by sirbobby98121 7 · 0⤊ 1⤋