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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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  •  Not an accurate statement of Florida law. (1+ / 0-)
    Recommended by:
    mrblifil

    Here's the relevant statute - "stand your ground" in all of its infamy.

    [A] person is justified in the use of deadly force and does not have a duty to retreat if [h]e or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.
    If Alexander can demonstrate that she reasonably believed that the warning shot was necessary to prevent imminent death or great bodily harm then she is not guilty of any charges alleging the unlawful use of force (I don't know if there are any unrelated charges, such as illegal gun charges or whatnot).  The canard floating around the blogs that she would have been immune from prosecution if she had shot him rather than the ceiling is plain wrong.

    "The first drawback of anger is that it destroys your inner peace; the second is that it distorts your view of reality. If you come to understand that anger is really unhelpful, you can begin to distance yourself from anger." - The Dalai Lama

    by auron renouille on Sun Mar 02, 2014 at 03:39:13 PM PST

    [ Parent ]

    •  the problem is the facts don't support that. (0+ / 0-)

      she left the dwelling area, went to her car in the garage,
      got the gun, returned and fired a shot.

      so she left then returned, that makes her legally an
      aggressor.

      now the 20 year sentence is outrageous.

      i'd give her 20 years, suspend 18 years, let her serve
      on weekends, for the next 2 years and then give her
      parole and if she stays out of trouble, i'd let her off parole
      after a few years.

      •  Well, there's a bar exam question for you. (1+ / 0-)
        Recommended by:
        jplanner

        Is the garage attached? :)  Yeah, if that's the undisputed testimony and if she wasn't trapped in the house, that doesn't help her at all.

        I think that should have been in the extensive DKos coverage, I sometimes feel like this site is losing its grip on reality-based coverage.  There are some facts in the world that go against what people want to believe too :(.

        Still, the idea that an assault with a deadly weapon (which is what that is, assault being the creation of a fear, not the actual physical attack) is worth 60 years is facially ludicrous.  Not even 20.  Maybe 2 with some of that suspended, unless her prior was also an analogous charge.  Judges get a lot more lenient when there's already substantial time served pre-sentence, which I think there was here.

        "The first drawback of anger is that it destroys your inner peace; the second is that it distorts your view of reality. If you come to understand that anger is really unhelpful, you can begin to distance yourself from anger." - The Dalai Lama

        by auron renouille on Sun Mar 02, 2014 at 07:18:03 PM PST

        [ Parent ]

        •  20 years for ADW is ludicrous, 60 is psychotic. (1+ / 0-)
          Recommended by:
          jplanner

          The woman strikes me as having anger issues,
          but, my take was give her 2 years of weekends,
          and then look at extended parole after that.

          but, legally she's not got a defense, which is why
          people get so upset about her case.

          Michael Dunn really didn't have a defense either,
          and he's looking at another trial.

          frankly Florida just seems like a mess, can't they get
          their act together?

    •  Not really, auron. You missed this part: (0+ / 0-)

      (2) The presumption set forth in subsection (1) does not apply if:

      (a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or

      Although there was an injunction against the ex-husband, it was Ms. Alexander who went to his dwelling. And read the judge's ruling that denied Alexander's SYG claim.

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