Woman denied 'stand your ground' defense

[웃 910]

Marissa Alexander faces 20 years in prison for Standing Her Ground.

Her husband had a history of domestic abuse and even beat her while she was pregnant.

After yet another beating, Alexander fired a warning shot into the ceiling. That shot saved her life.

Prosecutor Angela Corey did not take into account that Marissa Alexander:

• Had a court injunction against her crazed husband,
• Had Given Birth 9 Days Earlier,
• Was trained to use a weapon and earned a concealed weapons permit.

She is currently sitting in the Pretrial Detention Facility in Jacksonville, FL, Duval county awaiting a sentence of up to 20 years.

A Florida mom faces 20 years in prison because a judge rejected her "stand your ground" defense.

Edited April 20, 2012 by ☠

[Usui Takumi 1,562]

Marissa Alexander faces 20 years in prison for Standing Her Ground.

Her husband had a history of domestic abuse and even beat her while she was pregnant.

After yet another beating, Alexander fired a warning shot into the ceiling. That shot saved her life.

Prosecutor Angela Corey did not take into account that Marissa Alexander:

• Had a court injunction against her crazed husband,
• Had Given Birth 9 Days Earlier,
• Was trained to use a weapon and earned a concealed weapons permit.

She is currently sitting in the Pretrial Detention Facility in Jacksonville, FL, Duval county awaiting a sentence of up to 20 years.

A Florida mom faces 20 years in prison because a judge rejected her "stand your ground" defense.

This appears to be a miscarriage of justice.

[Gary and Alla 3,694]

Nothing here has been "denied" She is going to have atrial to see if deadly force was called for (you cannot display a gun or fire a shot even intoa ceiling without cause for use of deadly force)

Why do you make things up that are not true. She is in "pre-trial" detention which means she has yet to be tried and her defense has yet to be decided. Same as with George Zimmerman. No difference except that in the Zimmerman case someone is dead.

I am perfectly satisfied to let our system of justice do its work

Please try to make arguments for your position without making things up. If you cannot, then perhaps consider changing your position.

[Gary and Alla 3,694]

This appears to be a miscarriage of justice.

No, just another case of "skull and crossbones" making a prejudiced remark. Nothing has been denied to this woman.

[Marilyn. 340]

she already had a trial..

Police arrested her; prosecutors tried her — and though she claimed self-defense under Florida’s Stand Your Ground law — a jury convicted her of three counts of aggravated assault with a deadly weapon with no intent to harm. She has been in jail for a year and is now waiting for a judge to issue her sentence.

http://www.dominionofnewyork.com/2012/04/17/why-was-marissa-alexander-not-allowed-to-stand-her-ground/#.T5HlMtU2dKs

[Bad_Daddy 2,209]

Don't kill your husband and you won't go to jail.

[Marilyn. 340]

Don't kill your husband and you won't go to jail.

she didn't kill her husband. she just fired a warning shot into the ceiling.

[amyandjorge 76]

This is quite provocative. However she was in her residence, which by marriage is her husband's residence (assuming that is the case). Looks like you can't go into someone's house and use deadly force on them and claim you are 'standing your ground'

776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.—

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(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,

BUT

and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person;

http://en.wikipedia.org/wiki/Stand-your-ground_law

Edited April 20, 2012 by amyandjorge

[웃 910]

Don't kill your husband and you won't go to jail.

Fire a warning shot to your abusive husband and face life.

Chase down and kill unarmed schoolboys and you won't go to jail. Makes perfect sense.

[Usui Takumi 1,562]

This is quite provocative. However she was in her residence, which by marriage is her husband's residence (assuming that is the case). Looks like you can't go into someone's house and use deadly force on them and claim you are 'standing your ground'

776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.—

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(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;

http://en.wikipedia.org/wiki/Stand-your-ground_law

Her husband had a history of domestic abuse and even beat her while she was pregnant.

After yet another beating, Alexander fired a warning shot into the ceiling. That shot saved her life.

Prosecutor Angela Corey did not take into account that Marissa Alexander:

Had a court injunction against her crazed husband,

Had Given Birth 9 Days Earlier,

Was trained to use a weapon and earned a concealed weapons permit.

She is currently sitting in the Pretrial Detention Facility in Jacksonville, FL, Duval county awaiting a sentence of up to 20 years.

Sounds like Corey fracked up.

Edited April 20, 2012 by Sousuke

[Bad_Daddy 2,209]

she didn't kill her husband. she just fired a warning shot into the ceiling.

She went to jail for that? I didn't read the article. I remember when my mom took a shot at my dad and hit the window seal. 2" higher and she would have had him for sure...no jail for that, but that was back in the day.

[amyandjorge 76]

Sorry Sousuke, I think I edited to make the last part clearer.

up to 25 years for 'no intent to harm'. That seems excessive, all things considered.

[Usui Takumi 1,562]

Sorry Sousuke, I think I edited to make the last part clearer.

up to 25 years for 'no intent to harm'. That seems excessive, all things considered.

Oh I was just highlighted the part that said the law still applies in a residence if there is an injunction which she seemed to have per the OP.

[Mr. Big Dog 10,747]

She should have taken a shot at an unarmed kid with candy - and make it count - and she'd be home free. Welcome to the Sunshine State.

[one...two...tree 2,762]

The two cases are incomparable. The husband in this case successfully convinced the court that she endangered her children. The punishment was severe, but totally unconnected to the zimmermann case.

Edited April 21, 2012 by Mister Fancypants