Florida’s Statute Pertaining to Battery: Chapter 784.021

Since there’s some questions about exactly what constitutes battery in Florida, here’s the statute:

784.03 Battery; felony battery.

(1)(a) The offense of battery occurs when a person:

1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
History.s. 5, Feb. 10, 1832; RS 2401; s. 1, ch. 5135, 1903; GS 3227; RGS 5060; CGL 7162; s. 2, ch. 70-88; s. 730, ch. 71-136; s. 19, ch. 74-383; s. 9, ch. 75-298; s. 172, ch. 91-224; s. 5, ch. 96-392; s. 4, ch. 2001-50.
Chapter 784 of the Florida Code also covers the following, with full definitions and explanations at the link:
CHAPTER 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE
784.011 Assault.
784.021 Aggravated assault.
784.03 Battery; felony battery.
784.041 Felony battery; domestic battery by strangulation.
784.045 Aggravated battery.
784.046 Action by victim of repeat violence, sexual violence, or dating violence for protective injunction; dating violence investigations, notice to victims, and reporting; pretrial release violations; public records exemption.
784.047 Penalties for violating protective injunction against violators.
784.048 Stalking; definitions; penalties.
784.0485 Stalking; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement.
784.0487 Violation of an injunction for protection against stalking or cyberstalking.
784.049 Sexual cyberharassment.
784.05 Culpable negligence.
784.062 Misuse of laser lighting devices.
784.07 Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum sentences.
784.071 Assault or battery on a law enforcement officer; missing while in line of duty; blue alert.
784.074 Assault or battery on sexually violent predators detention or commitment facility staff; reclassification of offenses.
784.075 Battery on detention or commitment facility staff or a juvenile probation officer.
784.076 Battery on health services personnel.
784.078 Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
784.08 Assault or battery on persons 65 years of age or older; reclassification of offenses; minimum sentence.
784.081 Assault or battery on specified officials or employees; reclassification of offenses.
784.082 Assault or battery by a person who is being detained in a prison, jail, or other detention facility upon visitor or other detainee; reclassification of offenses.
784.083 Assault or battery on code inspectors.
784.085 Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.


I’ll Take Journalism I Disdain For $1,000, Alex

This, in today’s Grey Lady, got my goat:

While Mr. Sanders’s direct rhetoric is an enduring source of his success, Mrs. Clinton has a way of meandering legalistically through thickets of caution and temporization.

Asked whether she would fire the head of the Environmental Protection Agency for failing to remedy water problems in Flint, Mrs. Clinton gave a nearly 200-word response emphasizing the need for a full investigation to “determine who knew what, when.” Mr. Sanders’ 16-word response drew enormous applause: “President Sanders would fire anybody who knew about what was happening and did not act appropriately.”

On the one hand, fine:  as a performance critique, that’s a perfectly understandable distinction to draw (though in this case even the stated critique is patent BS, about which more in a moment).  But there’s more to political journalism than amateur theater criticism.

William_Hogarth_028

Some interest, even a glimmer of curiosity in the quality of the content of the answer would be welcome.

So, let’s take a look.  When asked if she would fire people at the EPA over the Flint crisis, here’s what Clinton actually said:

CLINTON: Well, I think that the people here in the region, who knew about this and failed to follow what you just said, rightly, the law required, have been eliminated from the EPA.

COOPER: So far, one person has resigned.

CLINTON: I don’t — well, I don’t know how high it goes. I would certainly be launching an investigation. I think there is one. I was told that — you know, some of the higher-ups were pushing to get changes that were not happening.

So I would have a full investigation, determine who knew what, when. And yes, people should be fired. How far up it went, I don’t know. But as far as it goes, they should be relieved, because they failed this city.

But let me just add this, Anderson. This is not the only place where this kind of action is needed. We have a lot of communities right now in our country where the level of toxins in the water, including lead, are way above what anybody should tolerate.

(APPLAUSE)

We have a higher rate of tested lead in people in Cleveland than in Flint. So I’m not satisfied with just doing everything we must do for Flint. I want to tackle this problem across the board. And if people know about it and they’re not acting, and they’re in the government at any level, they should be forced to resign.

So — yes, she’d fire people when and as they were found to be culpable, but such actions, she argues, are not enough.  I’d go further, and say that they’re cosmetic, unless the same duty of care that Flint deserves is applied across the board.

And I don’t know about you, but to me, the demand to take the lessons of Flint on the road is hardly a legalistic detour into “thickets of caution and temporization.”  The gap between that characterization and what was actually said (and not quoted in the offending thumb-sucker) is, shall we say, interesting.  Given the Times‘ history with Hillary, I’d even say, suggestive.

I know it’s a lot to ask (it isn’t, actually. It’s merely impossible for current practitioners to answer — ed.) but I’d like to see even a hint of acknowledgement that what Clinton said may have been less dramatic than Sander’s reply, but, just maybe, contained something worth thinking about.  Even more, some recognition that two hundred words is not too much to spend on the problem of failed infrastructure, the abandonment of governmental responsibility, and poisoned kids.

Just for perspective — the average speaker takes roughly 80 to 90 seconds, maybe a skosh more, to utter two hundred words.  I’d have thought a hero of the English language like a New York Times reporter might have the stamina to stick it out that long.

Color me grumpy.

Image:  William Hogarth, An Election Entertainment from the Humours of an Election series, c. 1755



Democratic Debate Open Thread

Document the oddities during the CBS debate that got repackaged as a national security debate.

Here is the CBS information



Source material

Chris, in a comment to my post on Syria, Strategy, and Policy, asked me about what I look at for source material. While both Cervantes and BobS weighed in with some good recommendations, I promised I’d put something up for Chris yesterday. This has slipped to today. I’m going to break this into three parts and actually start with the final third.

A lot of my research and analytical work is done using open source resources. When I do this type of work I’m basically relying on targeted key word searches that lead me to source material. I then vet that source material in several ways. First, I try to vet the author and the outlet. So if its on a blog or some other form of commentary site, I’m looking to see if I can identify the author and determine if they actually know anything about what they’re talking about and what, if any, biases I can determine. I’m also looking for links to related material at every source I’m looking at. For two reasons: 1) as documentation/citation for what I’m reading and 2) to widen my source material pool as I’m working my way through the subject search. I’m also constantly bookmarking and saving links to potential material that I might possibly need in the future. So that’s a portion of how I go about looking for, finding, and vetting source material. I go where the search takes me, vet continuously, and work the links in the sources I’m finding. The kind of work I do requires me to basically live in information overload, so I do.

So now back to the first third. For news sources, as in straight news reporting and not commentary, I largely avoid US news media. Rather than CNN or FOX or ABC or etc, I prefer the BBC, al Jazeera English, Agency France Press, the Guardian. I will use the AP and Reuters wires, as well as the Christian Science Monitor and McClatchy. For long form reporting I’ve found that the best stuff seems to be at Harpers, Vanity Fair, Rolling Stone, Pro Publica, the New Yorker, and likely several others I’m forgetting. Overall, however, I tend to avoid initial straight news reporting from the US news media. Some of this goes out the window when I doing open source research and analysis. So if, while doing that, the best source is CNN or Time, I’ll use it. So that’s an important caveat.

In the middle third I understood Chris to be asking about material pertaining to the Middle East. I have several go to sites that I like to start with depending on the issue. These include Juan Cole’s Informed Comment (full disclosure: I’ve guest written a couple of posts for Professor Cole, specifically back in 2008 and 2009 shortly after I got back from Iraq) and COL Lang’s Sic Semper Tyrannis (full disclosure for those not paying attention: I used to be a front pager there and COL Lang helped train me). One of my favorite sites regarding the Middle East is Jadaliyya. Great site, interesting and informative material across a variety of topics. I also like to use the Middle East Monitor and for Israel-Palestinian specific issues +927 Magazine. I’ve also used the National AE, as well as Haaretz. A great site, that I actually used a lot when deployed to Iraq to get a good overview, is Musings on Iraq. The Al Monitor is very useful as they provide good translations of reports from Middle Eastern news sources. There are other sources that I use, but I don’t think we need to belabor this.

And that, as they say, is that. I know I promised to do something about the Levantine drought and I’ll try to get that up tomorrow. Everyone have a great night! Or evening for those of you in Mountain, Pacific, or points farther west.



Morning Open Thread

There’s a Super Moon and a lunar eclipse tonight. It should make for pretty skywatching.  You can find details HERE.

I went to Salt Lake Comic Con on Friday and Saturday.  A good time was had by all.  Here in SLC, the Comic Con ran Thursday-Saturday.  There’s not a lot going on Sundays here.  I think I’ll drive up in the mountains later and look at the leaves changing.

My new job is going well for the most part. It’s a small facility, but I also support entomologists and naturalists deployed to various places around Utah, southern Idaho, western Colorado, and eastern Nevada, so I’m driving a lot.

I saw a thing on CNN this morning about Boehner’s retirement from Congress.  All the talking heads were going on about how it’s a sure sign of “the dysfunction in Washington.”  They were wrong, of course.  It’s a sign of the dysfunction in the Republican party.  The Democrats are doing just fine, thank you very much.  But our media is so cowed by the right wing, and in many instances controlled by them, that there has to be some way the Democrats are at fault.  It’s been like this for most of my life, and I don’t expect it to change anytime soon.

Dana Milbank at the WaPo has an editorial up about Carly Fiorina, the Flavor of the Week.  The media is never better at self reflection than when they’re sniping at each other.

Also, Berkley Brethed has hit upon one of the signal issues of our time.

GO Broncos!  Beat the Lions!

 



Open Thread: “Upcoming Season of ‘Serial’ Will Focus on Sergeant Bowe Bergdahl”

Well, this won’t hardly be controversial at all, compared to their first season (she said sarcastically). From NYMag‘s Margaret Hartmann (http://nymag.com/daily/intelligencer/2015/09/upcoming-season-of-serial-covers-bowe-bergdahl.html):

Those eager to hear “Serial” dig into another little known true-crime story should start adjusting their expectations. Maxim reports (and the Hollywood Reporter has confirmed) that one of the upcoming seasons — either two or three — will focus on the widely covered case of Bowe Bergdahl, the Army sergeant who was held captive by the Taliban for five years after leaving his base in Afghanistan, and freed last year in exchange for five Taliban detainees from Guantánamo Bay.

There have been conflicting reports about why Bergdahl walked off base, and he was charged with desertion and endangering the troops who searched for him. During a trial last week that will determine whether he is court-martialed and sentenced to life imprisonment, Major General Kenneth R. Dahl, who led the Army’s investigation, testified that Bergdahl’s plan was to walk to a larger American base about 18 miles away to report what he considered serious leadership problems in his unit, according to the New York Times. “He absolutely believed that the things he was perceiving were true,” General Dahl said, adding that Bergdahl’s beliefs were “unwarranted but genuinely held.”

“Serial” host Sarah Koenig and at least one of the show’s producers were at Bergdahl’s hearing last week, as well as Zero Dark Thirty screenwriter Mark Boal. His company, Page One Productions, is working on a film based on Bergdahl’s story with director Kathryn Bigelow, and sources tell Maxim that Boal has provided “Serial” with research material, including interviews with Bergdahl. Deadline reports that Boal and Page One’s Hugo Lindgren have an even bigger role in the podcast, and will serve as on-air narrators…

***********
(This is also a test; if the links work, thank commentor Steeplejack… if they don’t, blame me!)



Em Ess En Be Seeing Ya, Ed

MSNBC’s entire late afternoon lineup is apparently getting the axe.

A well-placed source tells me MSNBC will announce today major changes to its afternoon lineup…arguably the most significant revamp the network has made at one time in its 19-year history.

Out:The Cycle at 3:00 PM. Now with Alex Wagner at 4:00 PM. The Ed Show with Ed Schultz at 5:00 PM (all times eastern).

Guess who’s baaaaaaack?

In:Chuck Todd at 5:00 PM. Similar to Jake Tapper at CNN doing both weekday afternoons (hosting The Lead) and anchoring Sunday morning’s State of the Union, Todd will also continue to work weekends as moderator of Sunday’s Meet the Press. Todd’s MSNBC show will likely take on its old name The Daily Rundown, but that is not a guarantee.

More interesting: Andrea Mitchell will keep her program at noon (Andrea Mitchell Reports). Thomas Roberts will continue to anchor his midday news program from 1:00-3:00 PM. The programs being cancelled at 3:00 PM (The Cycle) and 4:00 PM (Now with Alex Wagner) will be replaced by a straight news program (similar to Roberts’ two-hour newscast preceding it). Whether that 3:00-5:00 PM slot goes to Brian Williams is not known at this time, but it would certainly make the most sense to put Williams directly up against Fox’s Shepard Smith (Shepard Smith Reporting) and CNN’s Brooke Baldwin (CNN Newsroom) for the first hour in a similar format.

Yeah, because MSNBC’s problem is that it needs more Andrea Mitchell, Chuck Todd, and Brian Williams.

Jeebus wept.  They actually found the one person I’m willing to watch less than Ed “boycott the midterms” Schultz.

And yes, the bullseye is now squarely on the backs of Al Sharpton and Chris Hayes. Maybe you guys can bring in three hours of Tweety while you’re at it.  That’ll get the kids running in from miles around.