What is the Law on affray in Idaho and What are the Punishments for it?
The aim of governments is not only to ensure that their citizens are taken care of properly but to make sure that they lead their lives in a peaceful environment as well. That is the reason they enact several laws and keep amending the existing laws suitably.
Of course, these laws and amendments restrict citizens from behaving in certain ways. Especially, behaviors that may harm others or that may cause physical injuries to others are strictly prohibited. Similarly, if some people behave in such a manner that it causes fear in the minds of others, that is also not permitted as per these rules.
One such law that puts restrictions on the behaviors of people is the law on affray. Let us now look at the affray law in the state of Idaho and how the perpetrators of this crime are punished.
Idaho Affray Law
Affray laws differ to a significant extent from one state to another but in general, all the states of the USA follow the U.K. law while dealing with affray crimes. Surprisingly, the laws of the states do not specifically have separate statutes for dealing with the crime of affray. Therefore, courts of the states including that of Idaho invoke the common criminal laws for dealing with affray cases and for awarding punishments to the accused.
While hearing a case pertaining to an affray crime, the Idaho court expects the prosecutor to prove three key elements for getting the perpetrator convicted. The elements are as follows:1. The perpetrator of the crime should have fought with another person or more than two people.
2. The circumstances under which the crime has taken place should also be proved by the prosecutor. These are the following circumstances the
- The prosecutor has to take into account and should be able to prove.
- The accused should have fought with his or her opponents in a public place.
- The incident should have triggered fear in the minds of those who are at the scene of the incident. This clause will hold good even if just one person has been present during the incident.
Conversely put, if the incident does not happen in a public place or if it does not cause any fear in the mind of anyone, it means that no affray crime has been committed.
Idaho Affray Law Punishments
Idaho is similar to other states of the USA in the sense that the specific ways to deal with an affray crime and to award punishments for it are not discussed in the laws of the state. In fact, the courts of Idaho deal with affray crimes as they deal with common crimes.
Once the prosecutor gathers all the proof that satisfy the key elements of the crime and submits them to the court, the learned judge will use his or her objectivity and decide on the punishments that have to be awarded to the defendant.
If the accused has caused serious physical harm to the other person or people, the court will not hesitate to award severe punishments to the offender. In other words, the degree of seriousness of the punishment will depend on the severity of the effects of the crime.
To summarize, as in other states, Idaho law insists that the incident should consist of the following three main elements.
- The accused should have actually fought with another person or he should have fought with two or more people.
- The fight should have happened in a place that does not put any restriction for the public to visit.
- Thirdly, the incident should have created fear in the minds of people who have been present at that particular time.
If the prosecutor is able to prove the above three conditions, nothing can stop the court from awarding suitable punishments to the offender.