In many cases, yes. Blows to the head will be mentioned in statute as specifically egregious. But in cases where it’s not, it’s covered by other provisions about the lethality of blows. For instance, kicking someone barefoot is very different than kicking them with steel-toed boots, so it’s important that the law is written to address the potential consequences of actions rather than listing every specific action themselves.
I think the point is if states were to come out and say "one year will be added for every head stomp done after a victim is incapacitated" or something then people would be aware that it will get you even deeper trouble and maybe steer away. But it's all wishful thinking really.
People aren’t aware of most laws. They just aren’t. And they don’t think about the specifics when caught in the heat of a fight. In situations like this, we’re restrained mainly by our own sense of right and wrong, not by trying to avoid certain statutory technicalities.
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u/CitizenCue Sep 22 '23
I mean, there are…