I can't comment on all other cases, but this one appears to be purely self-defense. There is evidence of a rape and the deceased was trying to kill the woman's brother. I mean what about the guy who was about to lose his life to this homicidal maniac who was high as a kite on who knows what? Skip the constant abuse and go for the obvious low-hanging fruit. She had incompetent counsel.
In quoting my post, you affirm and agree that you have not been goaded, provoked, emotionally manipulated or otherwise coerced into responding.
"The difference between what we do and what we are capable of doing would suffice to solve most of the world’s problems.”
Mahatma Gandhi
Retirednsmilin308 (02-19-2020)
She didn't do much to get help, she did not tell her brother. The article ties it in with other cases, but essentially, the argument is being made that is was not rape, that she could have screamed for help instead of writing a note, and so on. She is going to lose the hearing to establish this as a "Stand your ground" case and it will go to trial with murder charges (the victim is refusing to plead down).
Stand your ground, according to the article, doesn't do much for women or minorities. Specifically, victims of DV and SV, in this case, and a couple of other similar cases showcased.
"Chris said that he found Todd in the kitchen. “You need to get your $#@! and leave,” Chris told him, and accidentally fired a shot into a cabinet. When Todd refused to go, Chris set the gun down on the kitchen island and tried to wrestle him out of the house. Chris was large but soft; Todd was barrel-chested, and he had taken a combination of Xanax, amphetamines, alcohol, and meth. According to Chris, Todd easily got him in a headlock and began choking him.
Brittany, who had been in the living room until hearing the shot, said she picked up the gun from the counter. Sobbing and screaming, she told Todd to let her brother go. When he kept choking Chris, saying that he’d kill them both, Brittany fired a shot. When Todd still didn’t let go, she fired two more rounds. After he fell, she called 911."
This sounds like self-defense. What about the brother's testimony. Also, didn't he have bruises on his neck?
In quoting my post, you affirm and agree that you have not been goaded, provoked, emotionally manipulated or otherwise coerced into responding.
"The difference between what we do and what we are capable of doing would suffice to solve most of the world’s problems.”
Mahatma Gandhi
The last stat that I read was 40% of spousal homicides are woman killing their husbands.
I always said that if they outlawed guns then I am not turning mine in. Better to go to jail than to have a dead wife at the hands of some crack head who thought I had turned in my guns.
Justice system is $#@!ed whether it's the Feds or the states
There are actually some really awesome things happening that are not covered by the media, which are being driven by victim advocates, forensic nurses and law enforcement.
Unfortunately, there are a lot of issues not being addressed, I think because it would require such significant changes at a much higher level. Abusers with convictions have custody rights to shared children, for example. A woman can be arrested for hitting back to try and get away (LEOs I deal with tend to use judgment calls...). Shelter funding often does not cover those escaping emotional abuse (because they do not face imminent danger and potential death). Funding, in general, is a royal pain in the ass with the government coming up with stupid rules at every turn.
The issue of Stand Your Ground is just one more thing, and another barrier for women just trying to survive. How is the most basic need in life, survival, something we are punishing?
Stand your ground laws are only intended to provide a legal basis for not retreating in the face of an imminent threat. They are not intended to deal with issues like serial, long term abuse that may have such a cumulative effect that the victim feels a need to take action in order to avoid continued abuse.
It has to be happening NOW to be covered by "Stand your ground".
“Extremism in defense of liberty is no vice. Moderation in pursuit of justice is no virtue.” - Barry Goldwater
Common (02-20-2020)
The problem, IMO, is that some women do use the battered women syndrome as a defense when they weren't battered. For me to buy it there has to be evidence a history. in this case it sounds like there was and it was not allowed into court, which I disagree with. The other problem with the battered woman ( although it could be a battered man) defense is that the killing is sometimes not during an attack and our society interprets the self defense rule very strictly ( IMO too strictly) to mean a current immediate threat. For example if a woman is battered and has exhausted all her avenues I think we give her a little leeway on the timing. Likewise if a gang member believably threatened to kill me and I can prove it I think hunting him down before he gets me is valid self defense if the authorities cannot protect me. Few agree.
However, in general the courts are pro woman and women get much lighter sentences in general.
I can't believe anyone would whine that women don't usually get a pass when murdering their husband/boyfriend/significant other. Well, I suppose 95% getting a pass doesn't prohibit whining about the other 5%.