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      02-18-2013, 01:56 PM   #53
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Quote:
Originally Posted by gatorfast View Post
Well I guess what you consider a rational human reaction and what I do are totally different. Per your quote above "3) the provocation would have caused the average person to act rashly"


Aside from you, I dont think anyone else on here would agree that the average person would resort to physically beating a person because that person laughed at him in some sandwich shop

And while yes, you are correct that this was not a bar fight, I think that example more closely models this situation than yours. In a bar fight you are intending to do harm (but not kill) and if you happen to kill the person it would likely be murder in the 2nd degree. This was a fight (albeit a one-sided fight) in a sandwich shop whereby the perp was intending to inflict harm.
You wouldn't flip out if you were being laughed at for dropping your sandwich? A normal person wouldn't be very happy if you were being laughed at for dropping a sandwich.

Where did I say I would resort to violence? I wouldn't resort to violence but I would most likely flip this person off if they laughed at me, which is considered acting rashly and heat of passion.
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