California’s OJ Problem

Let us agree upfront that repercussions against Mr. Smith are overdue.

Nevermind whether or not Chris Rock knew Jada Pinkett had “alopecia”, his joke crossed a line or we’re missing some context.

The law in this regard is clear.

California Penal Code 242 PC defines the crime of battery as “any willful and unlawful use of force or violence upon the person of another.”

The Slap Heard Around the World is a clear battery. It is precisely the sort of battery that we, as a society, should insist on prosecuting.

Anyone sitting in an audience anywhere should know that if she does not like what she hears from the speaker, it is against our laws to walk up to the speaker and smack her.

If the DA’s docket is inundated with more serious crimes, we, as a society, can forgive the State for letting a misdemeanor like this go when the victim suffered no real injury and decided not to press charges.

But when a battery, broadcast to the world, involves people whose wealth, clout and influence put them at a distance from the long arm of the law, arrests are eminently in order.

I not only sympathize with Will Smith but I also empathize with him. I’ve been hijacked by my amygdala and I know what it is like to lose your shit and behave badly. But there are consequences to crossing certain lines. Striking another person, no matter which part of your brain commanded it, is a line crossed.

So where are the consequences?

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