Should Will Smith have been charged and prosecute for the battery on Chris Rock?

The local prosecutors have said they will not be prosecuting because Rock doesn't want to press charges. Rock doesn't have to press charges, Smith committed a crime period. The state can press charges all on it's own.

Some people having a backyard BBQ someone says something someone else doesn't like and goes over and strikes the other person with the intent to harm them that is battery. If a police office is there and witnesses it that office can immediately arrest the person and they will be charged with a crime, the victim doesn't have to do anything. Or, it was a private matter no one was harmed let it go with a verbal warning at the scene.

But let's put this battery in context. Smith knew his going up and striking Rock would be a crime. He knew he was in about the most public place one could be with not only the people there, but the worldwide audience and the law enforcement security there to witness what he was about to do. And he didn't care, he flaunted the law committed a crime in front of all those witnesses and then had the gall to swagger off stage as the big man who can get away with it, even laugh about it.

That is an assault not just on our laws but our society. We cannot allow people to have such attitudes towards both.

So the questions posed in the poll. Myself I'd settle for a fine and probation with a record although close choosing a week in jail just to make sure he and others get the message.

 

And then he can go out in the community and explain that just because someone upset you, that does not give you the right to assault or kill them.
He is the poster child for “lack of impulse control”. It a good thing no one was armed or there could have beed a bloodbath.
It should not be ignored because he is black.
Besides, he wouldn’t have slapped “TheRock”.

 

It’s Trumps fault

 

I know you don't care about the actual LAW but Smith can't be charged with anything if the person on whom the crime was committed won't press charges. This is why cops hate domestic calls. Somebody getting beat up constantly but refusing to press charges just wastes a whole lot of time, money and energy.

Plus, being hypocritical doesn't help your position. When are you going to put the Capitol rioters' mob attack against hundred of Capitol police officers while your Orange Lord did nothing on blast? That doesn't fit your agenda so we both know that won't happen.

Luckily, those of us on the right side of the law know exactly what you and your ilk are.

 

that is up to Chris Rock, if he doesn't want to press charges, none should be

 

I think it was staged.

 

GI Jane. I laughed.

 

Will Smith was wrong for slapping Chris Rock. But, if Chris chose not to press charges, that is the end of it.

 

Can we take this as suddenly, the media are now interested in covering black on black violence?

 

Not up to him, this was a crime against the state and our society. What message does it send to other young black males that violence is the answer when someone "disses" you even in a joke.

WHO "PRESSES CHARGES" IN A CALIFORNIA CRIMINAL CASE?

At Eisner Gorin, one of the most common misconceptions which we encounter in speaking with potential clients and their family members is that a crime victim must “press charges” in order for a prosecution to be initiated against a defendant.

This is completely understandable as movies and television dramas are replete with scenes where a detective or prosecutor speaks with a victim and either asks the victim whether he or she is “pressing” charges, or expresses frustration that the government's hands are tied because the victim “won't press the charges.”

This is simply incorrect. The first issue is one of nomenclature – there is no legal significant to the term “press,” or “pressing.” In other words, victims don't decide when charges are filed in a criminal case. When someone was harmed by the conduct of another person, it could be considered criminal conduct if it done with intent to commit an illegal act, or inflict harm on the victim.

It should be noted that every apparent criminal act is prosecuted for a wide range of reasons. In some cases, there is simply a lack of sufficient evidence to convict the alleged perpetrator. The prosecutor has the responsibility to determine whether the available evidence is sufficient to obtain a conviction by the standard of beyond a reasonable doubt.

They also have an obligation to pursue justice without undue influence from the victim or the community. However, at the same time, they also have a duty protect victims from harm, protect their rights, and hold people accountable for their criminal conduct.

The filing or "pressing" charges is one of the first steps in the criminal case process. For many first-time offenders or someone charged with a minor crime, there are some alternative prosecution programs that allow a defendant to earn dismissal of criminal charges.

To give readers a better understanding of who exactly “presses charges,” our California criminal defense attorneys are providing a review below.
https://www.egattorneys.com/criminal-case-process-california/filing-charges

 

False see above.

 

"Two-thirds at least “somewhat” agree that charges are necessary, including 36 percent who “strongly” agree. Conversely, 14 percent disagree, while about 21 percent weren’t sure."


https://www.studyfinds.org/poll-will-smith-charged-chris-rock-oscars-slap/

 

If you wish to follow the law, the answer is a No. Rock doesn't want to file, so the police won't charge. Simple as that.

 

Personally, I think that the whole thing was staged.

For starters, who in their right mind would keep their arms behind their back the whole time and even lean their face in towards the person who is a potential threat to them? Would one not assume a defensive position instead (with arms in front, protecting one's face)? Wouldn't there be some sort of security at an event such as that that would've gotten involved??

 

This is another reason why I believe it was staged.

 

I think it was all staged, hence why Chris isn't pressing charges.

 

The Academy released a statement:

The Board of Governors today initiated disciplinary proceedings against Mr. Smith for violations of the Academy’s Standards of Conduct, including inappropriate physical contact, abusive or threatening behavior, and compromising the integrity of the Academy.

Consistent with the Academy’s Standards of Conduct, as well as California law, Mr. Smith is being provided at least 15 days’ notice of a vote regarding his violations and sanctions and the opportunity to be heard beforehand by means of a written response. At the next board meeting on April 18, the Academy may take any disciplinary action, which may include suspension, expulsion, or other sanctions permitted by the Bylaws and Standards of Conduct.

Mr. Smith’s actions at the 94th Oscars were a deeply shocking, traumatic event to witness in-person and on television. Mr. Rock, we apologize to you for what you experienced on our stage and thank you for your resilience in that moment. We also apologize to our nominees, guests and viewers for what transpired during what should have been a celebratory event.

Things unfolded in a way we could not have anticipated. While we would like to clarify that Mr. Smith was asked to leave the ceremony and refused, we also recognize we could have handled the situation differently.

 

I went for option 4. The assault is on camera and/or witnessed live, the DA has all he/she needs to proceed without Rock. Jail is not required but crime can't be ignored for anyone.

 

I honestly don't think Smith was upset by the joke. He laughed at it, that is until he got a signal from his "sleep around wife". Then he thought he would do the macho thing, attract some attention and slap Chris Rock. Rock was the gentleman here. He had no idea about a "skin condition" and made a joke that was mild compared to what Hollywood is used to hearing. This thing was a sham. Chris could sue his ass off but that is up to him. LA should prosecute Smith off his "high horse!"

 

I think that Will Smith was going to knock the hell out of him was not even on his mind.

BTW Smith resigned from the Academy today, doesn't sound fake.

 

Jada Pinkett Smith talked loving her bald head days before the Oscars

Less than a week before her husband Will Smith smacked Academy Awards presenter Chris Rock for joking about his wife's shaved head, the actress and "Red Table Talk" host posted a video on TikTok detailing her hair experience in Hollywood.
Pinkett Smith, who has been open about her hair loss due to alopecia, shared that she doesn't "give two craps what people think of this bald head of mine."....

...
For magazine covers, the request would often be for Pinkett Smith to have her hair "straight and flowy" which was "not really what my hair likes to do."
"So I had to learn to get the courage to go, 'Nah, I'm not doing that,'" she said. "Which is why I feel the freedom today -- I don't give two craps what people think of this bald head of mine. Because guess what? I love it."
http://www.politicalforum.com/index...battery-on-chris-rock.598379/#post-1073355926

So what was she upset about if she LOVES IT and feels FREEDOM and doesn't care what others thinK, that's setting yourself up for sitting on the front row and having a comedian make a joke about it, people thought Demi was sexy in her GI cut and Smith openly declares she LOVES it.

 

The law does not require Rock to have him charged, the DA makes the determination, the police only arrest, if someone is charged for a battery.

 

I see things differently. The person who was wronged has the right to have mercy on the offender.

We as a society should only have the right to punish an offender on behalf of the victim.

Well, I guess that's the difference between deontological and ontological (utilitarian) ethics.

 

I think it sets a bad example not to charge him.

 

Why? The next person someone slaps may choose to press charges.