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View Diary: DA Angela Corey Now Seeks 60 Years Against Marissa Alexander In 2nd Trial (227 comments)

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  •  Before calling everyone a racist, consider: (0+ / 0-)

    If you believed Zimmerman's defense or, more importantly, if you believed that the state failed to prove BEYOND A REASONABLE DOUBT that Zimmerman's defense was bogus, you, as a juror were legally obligated to acquit him.

    Likewise, if you believed that the prosecution failed to prove, BEYOND A REASONABLE doubt that Dunn did not BELIEVE that he saw a shotgun, you had a legal obligation to acquit him of the killing of Davis.

    In the case of Marissa Alexander, you had a situation in which a woman went over to a man's house, got into an argument, left the living quarters, and returned to resume the argument and fire a "warning shot." That much was established. How could you not convict her?

    Would you convict a man if he did the same thing?
    Would you convict a white woman who did the same thing?

    Keep in mind that Ms. Alexander's sentence is not some perverse racist outcome. It is the mandatory minimum for discharging a firearm during the commission of a felony. It is the same law that will send Mr. Dunn to prison for 60 years.

    •  Yeah, and grabbing the Baliff's gun and (3+ / 0-)
      Recommended by:
      Code Monkey, sethtriggs, FrankRose

      blowing away Angela Corey would only get her 25 years to life. But hey, 60 years in solitary in a Supermax for such a warning shot when shooting the prosecutor in the head would probably result in less than that is no big deal and perfectly reasonable, right?

      You have watched Faux News, now lose 2d10 SAN.

      by Throw The Bums Out on Sun Mar 02, 2014 at 09:50:51 AM PST

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      •  No, the same law would apply. Life imprisonment (0+ / 0-)

        is mandatory for murder with a firearm.
           As for the "warning shot" argument: If you read the judge's opinion rejecting Alexander's "stand your ground" defense, you'll note that the shot was apparently fired at Alexander's ex husband, missed his head, and penetrated a wall, which deflected it upward into the ceiling of the next room.
           Also that, while she was out on bail, Ms. Alexander attacked her ex again, causing him injury.

        •  However life without parole is not. In fact (0+ / 0-)

          most life sentences are actually less than 60 years.  So second degree murder (which is what such a murder in the courtroom would be) would most likely actually mean less time in jail.

          You have watched Faux News, now lose 2d10 SAN.

          by Throw The Bums Out on Sun Mar 02, 2014 at 09:06:03 PM PST

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    •  See, here's the thing . . . (2+ / 0-)
      Recommended by:
      samanthab, Denise Oliver Velez

      Whether you believe the claimed fears of people like Zimmerman and Dunn were "reasonable" is highly influenced by the effect of racism.  If you live in a society in which all young black men are seen as inherently dangerous, then yeah, you're going to think Dunn might actually have believed he saw a gun.  (Of course, the fact that no gun was found would seem to cut against that, but I guess we can't get too picky about those little factual details, can we?)

      The notion that any juror was obligated to acquit either of these two men rests entirely on the acceptance of their self-serving testimony about their alleged fears.  And as I said, one's inclination to accept such testimony will be affected by racism.  It's an inescapable fact of life in this country, and it does no good to deny that.

      "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

      by FogCityJohn on Sun Mar 02, 2014 at 11:23:03 PM PST

      [ Parent ]

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