If Smith is not charged, it could imperil the justice system's credibility

[BlueWavePsych]

This discussion thread was locked as off-topic by Omaha Steve (a host of the General Discussion forum).

News of celebrities in trouble has been a fixture in LA since Hollywood’s early days, and questions frequently arise about whether the rich and powerful receive a different brand of justice.

If Smith is not charged, it could imperil the justice system’s credibility, said Jody Armour, a law professor at the University of Southern California.

“How can what appears to be an obvious criminal act committed in the open publicly not result in any criminal consequences?” Armour asked. “Do different standards apply to celebrities and noncelebrities? Apparently, we seem to all recognize that is the case. But what does that recognition say to us about the legitimacy and credibility of our criminal justice system?”

Triessl said there’s no question a crime was committed, and there’s no need for the victim to file a report. Charges are routinely brought in domestic violence cases without cooperation from the victim because the crime is against the state for violating its penal code.

https://globalnews.ca/news/8720610/will-smith-oscars-slap-criminal-investigation/

[SoCalDavidS]

1. There Are Already 2 Justice Systems

This situation won't imperil anymore than it already is.

[Stargleamer]

2. JFC - Hasn't TFG already done that a long time ago???

there are different justice systems in this country. One can even be in charge of a criminal enterprise and not have to face the consequences.

[Yo_Mama_Been_Loggin]

20. That was my reaction when I saw this

[uponit7771]

26. +1, he literally admitted to firing Comey cause he was investigating him on LIVE TV !!!

[SoonerPride]

3. He won't be charged.

Rich and powerful people have a different set of rules.

Without Chris Rock filing a complaint against him, the local DA won't feel compelled to do anything.

[YorkRd]

4. I cast my 2 cents for him to be charged

Rich people do seem exempt for law and Smith is a role model.

[DURHAM D]

5. Drivel

[fescuerescue]

6. Maybe they will. Maybe they won't

Worst case is that he pays a fine.

[harumph]

7. Credibility? I thought this was satire from the onion.

[BlueTsunami2018]

8. Chris isn't pressing charges.

The LAPD has stated that without a police report and willingness of the victim to press charges, there’s nothing for them to do.

Which seems sort of ridiculous to me as he did it on international television. There’s video, we all saw it plainly and there’s no chance that he’s innocent.

But saying that this particular incident imperils the legal system’s credibility is equally ridiculous. The legal system has no credibility.

[hlthe2b]

9. Assault CAN be charged without a victim complaint, but it is very rare. Ms. Armour is taking a very

ideological perspective fueled by wide (and shared) disdain for Smith's actions. But, arguably given such incidents are not charged routinely sans the cooperation of the victim, it would be the reverse of what she claims. To charge him without Rock's cooperation would be to exceed what normally happens to non-celebrities. That is no defense of Smith--just the reality of the situation and she is wrong.

As to the point about domestic violence, in that case, the threat is ongoing and while police can proceed with arrest and charges, that is often not the case if the partner refuses cooperation. To the extent they do so, it reflects a historyof such abuse or some compelling reason for police to believe the threat continues. Very different situation and I find it disingenuous for a law professor to conflate the two.

[exboyfil]

11. But the Academy could file a complaint

for criminal trespass (his refusal to leave) and disturbing the peace.


Disturbing the peace

415. Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and fine:

(1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight.

[hlthe2b]

12. They screwed themselves on that when one person (only) supposedly instructed Smith to leave and then

did NOTHING when he remained. That he was then allowed to go onstage AGAIN and receive an award cut the legs off of any such complaint. Such charges would NEVER hold up but be thrown out at arraignment (or before).

[BlueWavePsych]

16. Oh well. This SNAFU may just be the last nail on coffin for viewership retention (depite 56% spike).

[hlthe2b]

17. Yup. If they pre-record/edit it (as has been the suggestion), NO ONE will watch

[old as dirt]

33. Yeah, they'd look silly at this point.

That he was then allowed to go onstage AGAIN and receive an award cut the legs off of any such complaint.

Not that I'm opposed to them looking silly.

[exboyfil]

10. Makes a great point but without a complainant

I don't realistically know how you proceed. There are no visible injuries to Chris Rock. If he doesn't cooperate then you have the specter of it being staged instead of a true battery (I don't think that is the case).

The Academy can and should file a complaint. Will Smith's refusal to leave the theater is criminal trespass. I think you also have a potential disturbing the peace charge in there if you can't go forward with the assault and battery.

Greg Gianforte did plead guilty to assault and battery, but that was with a complainant.

I strongly reject the notion that if Trump et al do it, then our elite don't have to live by the same rules as the rest of us either. I think Chris Rock should file a complaint and explain that he is doing it for every stand up comic and any other person who may say something that is offensive, but is allowed to under our laws and Constitution.

I actually think that this would be good for Will Smith as well. He pleads to misdemeanor battery, gets a fine that he can pay with pocket change and some community service. He can then say he has paid his debt to society. That is what Gianforte got with a far more severe battery than Smith's.

I was thinking that he should be a three year suspension from the Academy. During that time he is prohibited from attending any Academy functions or being eligible for any Academy awards. After hearing that he refused to leave after being asked, I think that it now rises to the level of an expulsion.

I honestly don't think Will Smith believes he has done anything wrong. Releasing an apology written by your publicist doesn't cut it. There has to be be real consequences.

[BlueWavePsych]

13. Excellent points.

Will Smith's refusal to leave the theater is criminal trespass. I think you also have a potential disorderly conduct charge in there if you can't go forward with the assault and battery.

The Academy should do this.

[hlthe2b]

15. Nope. When the academy did not follow up on one person's request that he leave, they lost this

argument totally. In fact, they then told him he COULD STAY to accept his award. No way they have any means to sustain any kind of complaint now.

[exboyfil]

30. Maybe the Disturbing the Peace

but you are right about the trespass. They are spineless jelly fish.

[DemocratSinceBirth]

27. Gianforte body slammed.

If Will bodyslamned Chris and not slapped him I would join the professor's call for his prosecution just as if I worked in loss prevention at Wal Mart and a shoplifter walked out with a TV and not a t-shirt I would call the police.

[exboyfil]

32. A slap is a battery - You also have the assault of a much larger man

approaching with intent. I am a small guy - shorter than Chris Rock. If someone of Will Smith's size charged me and then slapped me, I would file a complaint. Also Chris Rock was bullied as a child because of his size (I can sympathize). Will Smith looked like a classic abuser and bully at that moment. See his smug smile as he went back to his seat.

Don't walk past that. Chris Rock should really file a complaint for every comedian out there.

Pretend it isn't Will Smith for minute. Would you expect a comedian not to press charges on the average citizen?

[Celerity]

14. IBTL

[SmallFry]

18. Not sure I can even go down this road.

The current credibility of the justice system and how it is perceived is individual in nature. There really isn't an legit basis for the article itself.

There are sentences in the article that can lead to more broad and productive discussions. Like the impact of having to have a victim press charges in many instances. Because a victim does not want to press charges, even if they feel they might not be a victim, does not mean it's all of the sudden a victimless crime. This is a good discussion to have and one that is being held.

Words can hurt. Words can hurt bad. I will never dismiss or minimize that. Not accepting or tolerating violence is not the same as acceptance of words as being insignificant. It's sad to see the different justice systems that exist and articles put out like this that are void of real world thought.

Thanks for sharing.

Did I do this right?

[BlueWavePsych]

22. Welcome to DU!

Also, agree with many of your points.

[pecosbob]

19. Replace 'Smith' with 'Trump' in the title and then I agree

[DemocratSinceBirth]

21. I live in Los Angeles County.

What do you think the response of the police department
would be if I called them up said I was at a party and I insulted my neighbor 's wife and he slapped me?

[CrackityJones75]

23. Seriously?

I have heard it all now.

[DemocratSinceBirth]

24. Shoplifters are routinely let go with a warning.

Does that imperil the justice system? I jaywalked by the Bus Line and Sepulveda. A motorcycle cop stopped me. He asked for identification, I gave it to him, and he let me go without a ticket. Did that imperil the justice system?

[getagrip_already]

25. wat, you've never seen a hckey game? or baseball? or football?

Name one case where a professional athlete was criminally charged for assaulting another. Even sexual assault is rarely followed up.

Yes, there was one, but given the number of times a season this happens, it isn't unusual for nothing to happen.

Prosecutors are loathe to charge athletes or celebrities because prosecuting them is hard. Jurors are not impartial.

[DemocratSinceBirth]

28. If Will was charged he would be treated as if he was below the law.

A man is at a party and insults his neighbor's wife and his neighbor slaps him. There are no injuries . Do you think the police will arrest him and the district attorney will prosecute him?

[themaguffin]

29. Rock declined to press charges. The bigger issue is the audience & academy reaction.

[FSogol]

31. Let it go, let it go, Can't hold it back anymore, Let it go, let it go, Turn away

and slam the door
I don't care what they're going to say
Let the storm rage on
The cold never bothered me anyway




Every single thread and article on this seems to get more and more ridiculous. My Gawd.

[MustLoveBeagles]

34. Locking

Open discussion of showbiz is permitted during very high-profile news events which are heavily covered across all newsmedia. This story is no longer a very high profile news event nor is being heavily covered across all news media. Can be reposted in the Showbiz Group.