By GENE HOWINGTON
There is tactical concept called “proportionate response”. It is also related to the legal defense of necessity. Necessity at law is pretty much what it sounds like. The defense seeks to either excuse or justify breaking a law to avoid a greater harm that isn’t already covered by exceptions like those found in the affirmative defense of self-defense or the defense of others. A classic example is a driver driving drunk to avoid a kidnap. Necessity is an affirmative defense, part of which entails introduction of new evidence. In addition to supporting evidence, the defense of necessity must also show that (1) the harm he sought to avoid outweighs the danger of the prohibited conduct charged, (2) there was no reasonable alternative, (3) the prohibited conduct was stopped as soon as the danger passed, and (4) that the transgressor(s) did not themselves create the danger they sought to avoid. The tactical application is similar but has a bit more subjectivity as it is not constrained in the way that legal necessity is constrained. The basic idea is that a response to an action is roughly equal to the action itself. However, one man’s proportional response may be another man’s overreaction. Which brings us to peanut butter and jelly sandwiches.
Jerome Davis is a man who apparently appreciates a peanut butter and jelly sandwich. Many people do. However, perhaps Davis’ love of the PB&J might border on obsession based on what occurred between he and his brother on Friday night, January 2, 2014. The Des Moines Register is reporting that Jerome Davis took exception to his brother questioning what can best be describe as a hedonistic capitulation to Jerome’s appetites. The victim, Jerome’s unnamed brother, reported that Jerome “made three peanut butter and jelly sandwiches and ate them in the living room. Within the next hour, [he] made another three of these peanut butter and jelly sandwiches, bringing his total consumption of peanut butter and jelly sandwiches to six.” As one who appreciates a good PB&J as much as the next person without nut allergies or an aversion to their tongue sticking to the roof of their mouth, this does seem like a lot of PB&J in a short period. Jerome’s brother thought so too and mentioned it to his brother. Jerome’s response? He pulled a knife on his brother because he wouldn’t “shut the fuck up and mind his own business.” Davis was charged with assault domestic abuse with a weapon and taken to Polk County Jail where he got his picture taken. Both men are in their 50’s.
Was Jerome’s response either proportionate or necessary? Are there other situations where you think a response was neither proportionate nor necessary? In any venue from your own life to international affairs?
What do you think?
Source: desmoinesregister.com


One should not threaten others for speaking their mind. Jerome’s comment may have been justified, unless the ingredients were the property of the meddling brother.
Well, its hard to tell from the facts given. Was this really fresh, natural PB with big chunks or was this store bought, homogenized, with added corn syrup, and hydrogenated vegetable oil that tastes little different than rancid margarine? It really does make a difference.
bfm,
Tis’ true. Quality ingredients are a big part of the meal deal. 😀
Words are words unless you’re an unreasonable person….. Then they are knifing…. Words….
Proportionate of course, nah just kidding.
Seriously though I’ve known people who overreact to every stimuli. If the volume is low, and someone complains, they pump it up to ear blasting, if someone says it’s cold in the house the next thing you know, it’s Arizona in summertime. Some people have trouble with moderation and seem to have an inner control that is loose. Now, no one is perfect by any means and what a boring world it would be it everyone would be a moderate. Moderation is essential though, in retaliatory responses. I admit that here were times I had certain visions of select scenarios I would have liked see see people who I felt have wronged me in, but I quickly remembered water boarding is torture. 😉
I have to say one more thing, you know when people on certain blogs are really top rate nice, decent folks, because they don’t make fun of some commenter’s many spelling errors and poor grammer. Thanks!
Both men were right which stands to reason as both men obviously had the “overly emotional twit” gene.
I take your larger point. So I give you Road Rage. I am guilty of it and have been a victim of it. I recognize it easily in others but not in myself till after the incident has occurred. When I see it in others it is always an overreaction on their part. When I eventually see it in myself, well, it’s usually justified. However, you would be amazed how the presence of a young child in the backseat who should not be hearing “bad words” cuts into my justifiable road rage. However, I am not admitting to ever having indulged in road rage no matter how justifiable … talk to my lawyer.
Blouise, LOL. Is your lawyer good? :o)
The last time I flipped a MAJOR BIRD to a complete and total incompetent loony pea brain driver, I had a major epiphany. The 3 minutes of road blocking I spent behind this clueless “mother of all senseless driving person”, I worked on being patient, and I was doing remarkably well,… well at least til the way cleared. All I had to do then was drive on by. ……Whoops!!…. I almost succeeded, at the last moment I lost it. Out came my arm, up popped my finger, and perhaps an excited utterance beginning with FY. My adrenaline was fairly contained til that moment. Not at all afterwards. I drove on by, continued on my way, but I now had a supply of adrenaline with no where to go, and no reason for. One second more of patience and I would not have flooded myself. One second more of patience and I probably would not remember this incidence. My epiphany was and is now proven (for similar incidences), I had only disrupted my peace.
I played the whole thing over and over in my mind as I continued on my way, the extra adrenaline rush (I caused) I now had to work at getting out of my system. My bird toss did not improve the drivers skill (i’m sure), it did not solve anything, it was not cathartic in the least, it only disrupted my peace. I try to not let things I am not responsible for, nor can effect or change, rile me to egregious anger. ….. This in a few seconds was my Epiphany, the last ten years I have been working on it.
Gosh Darn Epiphanies are so sudden,… working on them takes so long and are so difficult!! LOL.
davidbluefish,
“Gosh Darn Epiphanies are so sudden,… working on them takes so long and are so difficult!! ”
Ain’t it the truth! My problem is that I have to keep having them … rewind, play, rewind …
i know how he feels, my son once took a lb of boarshead black forrest ham and made two (that’s right, two) sandwiches with it. one half pound of ham per sandwich.
time has a way of evening things out though, he now has three sons of his own under the age of ten.
hahahahahaha