View Full Version : life for spitting

4th July 2003, 07:00
From Yahoo! news:

A convicted rapist has been sentenced to life in prison for spitting on a police officer.

Creek County Associate District Judge April Sellers White followed the recommendation of a jury for the maximum sentence against John C. Marquez under a law that makes it a felony to place bodily fluids on law enforcement officers.

This brings up interesting discussion.
1) The first sentence I quoted was somewhat sensationalized, as the fact that this man was a convicted rapist had NOTHING to do with this incident.

2) I fully understand why it could be a felony for spitting on people... but why does the law ONLY pertain to police? It would seem police are less likely to be spit on considering who they are, while if you were to [hypothetically, of course ;) ] spit on someone not of the law inforcement profession, they would have a much harder time exacting revenge (from a legal standpoint). I think this law, if it is to exist at all, should include non-police people as well.

My fiancee was offered a job by the chief of police at her university. When she told him that we plan on moving to Phoenix soon, he told her that her relationship with me would certainly not last, as cops are simply "better people" than everyone else.

Well, with this logic, I guess we can easily see why only cops should not be spat upon under punishment of law, while everyone else can go spit. :D For, as the article says, this law was enacted to prevent the spread of AIDS (which is not contagious from saliva) and other diseases, and the prospect of us "normals" contracting a disease is of little or no importance. :rolleyes:

Gadd (officer) told the jury that Marquez (arrestee) spit on him despite being warned and then bit him when Gadd was trying to prevent Marquez from spitting again.

Although the article did not delve further into this, I some how feel there is a lot unsaid in this sentence. In particular the words "...Gadd was trying to prevent Marquez.... I'd love to know what the word prevent means in this context. :)

Seriously though, I'd love to hear people's opinions on this matter.


4th July 2003, 07:02
Sorry, forgot to include to URL.

At the time of posting, the URL is:


A. M. Jauregui
4th July 2003, 07:18
Spitting on others is assault. I know considering spitting as assault is near frivolous in nature, but that is what spitting on others is deemed in most cases.

4th July 2003, 07:39
So you think that spitting on people should be a crime for all people, and not just cops (as this particular case suggests)?


4th July 2003, 07:41
In continuation....

If you do believe that spitting on people is a crime, what would be an appropriate judgement. For example, if you were a judge (or jury) in a case involving a person spitting upon another, what sentence would you suggest?


A. M. Jauregui
4th July 2003, 07:55
Spitting on others, without their consent or in situations were one has a reasonable expectation that one will remain spit free, is a crime for all. It is assault. Depending on the situation the assault case will either be criminal or civil in nature.

I do not believe that most spitting cases have enough significance to be brought into the legal system - a waist and frivolous in most case.

Every case ought to be judged on reason and precedence. If punishment is needed it to should be based on reason and precedence.

There are a few layers on E-Budo that no doubt can explain spitting and other contact as assault better then I. Given time I am sure that they will chime in on this thread.

A. M. Jauregui
4th July 2003, 08:17
There are a few lawyers on E-Budo that no doubt can explain spitting and other contact as assault better then I. Given time I am sure that they will chime in on this thread.

15 minute edit...

4th July 2003, 08:47
bgigas, As a former cop (10 years), I laugh at the statement the "Chief" made.:laugh:

4th July 2003, 20:43
I kicked the crap out of some kid in 7th grade for spitting in my face. I smashed his face into a locker, kicked his feet out from under him, then spit on him as he was laying on the floor unable to move and walked off.

I never got in trouble, but I knew it was assault when he spit in my face for no reason. There was just some argument between us, I don't remember what, but he decided to spit in my face because of some petty argument.

joe yang
5th July 2003, 00:14
Actually, I recall reading years ago, Communist China made spitting in public, period, a capital offense, now that's tough.