More injustice in Florida, no Stand Your Ground in this situation... - New England Patriots Forums

***DarrylS*** · 05-12-2012, 08:02 PM

Florida legal systems have gotten mucho weird, a woman had a restraining order against her husband, he got into the house and threatened her, chased into the garage where she could not get out of.. picked up a gun, came back in the house and fired a warning shot into the ceiling..

Stand your ground??? no she got 20 years.. with no prior offenses. The mandatory minimums in effect...

Of course Rich Scott can commute her sentence, but not sure the testicles to stand on the side of justice for all....

Stand your ground Florida: New controversy over 'stand your ground' case in Jacksonville - chicagotribune.com

Quote:

Alexander, a 31-year-old mother of three, was sentenced in Jacksonville under a mandatory minimum law for firing one shot in the direction of a spouse with a record of domestic violence in a 2010 dispute.

"Under the state's 10-20-life law, a conviction for aggravated assault where a firearm has been discharged carries a minimum and maximum sentence of 20 years without regarding to any extenuating or mitigating circumstances that may be present, such as those in this case," he said.

Criminal Justice Petition: Free Marissa Alexander | Change.org

Quote:

Marissa's husband has a documented history of violence and domestic abuse toward women. The history of Marissa Alexander and her husband includes an injunction for protection against violence and was active during August 2010. In a jealous rage, Marissa's husband violently confronted her while she used the bathroom. She was assaulted, shoved, strangled and held against her will. She was prevented from escaping and was not able to obtain her cell phone to call 911.

Her husband was asked to leave repeatedly. He and his two sons (Marissa's stepsons), were supposed to have exited through the front door but, did not. Her husband entered the kitchen wich leads to the garage and saw that Marissa was unable to leave via the malfunctioning garage door. Her husband yelled "***** I will kill you!" and charged toward her. Marissa had retrieved her liscensed and registered gun which she owned for years before even meeting her husband – from her vehicle. She held the weapon in her right hand down by her side as he yelled, "***** I Will Kill You! And charged toward her. In fear and desperation, Marissa Alexander lifted her weapon, turned away and discharged a single shot in the ceiling. As she stood her ground – that single shot prevented him from doing that which he had threatened. He ran out of the house where he contacted police and falsely reported that Marissa Alexander shot at him and his 2 sons. The police took Marissa Alexander into custody.

Mrs.PatsFanInVa · 05-12-2012, 08:27 PM

Quote:

Originally Posted by DarrylS

Florida legal systems have gotten mucho weird, a woman had a restraining order against her husband, he got into the house and threatened her, chased into the garage where she could not get out of.. picked up a gun, came back in the house and fired a warning shot into the ceiling..

Stand your ground??? no she got 20 years.. with no prior offenses. The mandatory minimums in effect...

There's some stuff that came out at the trial that's not being mentioned here and I hesitate to second guess a jury who heard it all.

For instance, the "warning shot" which she said she fired into the ceiling -- photographs show the bullet holes much lower - going through a kitchen wall and into the living room where the boyfriend and his children were.

While she was out on bail she went over to Grey's house and ended up getting into an altercation with him and getting rearrested and charged with battery (which she pled "no contest" to) and was placed back in jail for violating the terms of her bond by having contact with him.

In this case, I can only assume the jury heard all this and judged her accordingly. I'd not be too happy with someone who fired a gun into a room with children present - no matter how scared they were.

The sentence sounds severe - but it's a mandatory sentence and not up to the judge or jury.

Marissa Alexander Sentenced: Florida Mom Who Shot At Abusive Husband Gets 20 Years In Prison

***patsfan13*** · 05-12-2012, 08:52 PM

If she had a restraining order I can understand where she was coming from in fearing for her safety. I would think if she had stayed in the garage and only fired if the husband followed her into the garage.

I agree that firing the gun around the kids is tough to justify.

The sentence seems extreme.

As with the Martin case one would want to know more of the details rather than junping to conclusion.

scout · 05-12-2012, 09:43 PM

I was going to post this the other day. The part that gives me pause is, if she was so scared of her husband, why did she go back into the house? F' the keys, just go. Even still, the sentence does seem extreme.

***DarrylS*** · 05-13-2012, 05:16 AM

Without regard for extenuating circumstance, the judge always has leeway.. if not you can just put the facts into a computer and produce an outcome..

She rejected a 3 year plea deal, as she thought she would be found innocent, after all the guy rejected an existing restraining order, and came to her house and tried to strangle her in front of his two sons.... I always thought you could protect yourself...

Was she supposed to stand in the corner of her garage, and wait for this guy to come at her again??? It was her domicile, she was essentially being held hostage... hopefully Scott will not pander to the extreme right and administer justice from his office.

Shame of mandatory minimums shows in Marissa Alexander case - CNN.com

Quote:

But the real issue here isn't the faulty stand your ground law. It's the ridiculous mandatory minimum sentences that have been approved by countless state legislatures and Congress.

In 2007, the U.S. Supreme Court ruled (PDF) that the federal sentencing guidelines in some types of cases should not be seen as mandatory but as "advisory," giving judges the leeway (PDF) to consider multiple factors before sentencing someone.

In a 2003 speech to the American Bar Association, Supreme Court Justice Anthony Kennedy railed against federal mandatory minimums, saying, "Our resources are misspent, our punishment too severe, our sentences too long."

"I can accept neither the necessity nor the wisdom of federal mandatory minimum sentences," Kennedy said. "In too many cases, mandatory minimum sentences are unwise or unjust."

***DarrylS*** · 05-14-2012, 10:37 AM

This is the same AG in the Martin/Zimmerman case..

Mrs.PatsFanInVa · 05-14-2012, 10:47 AM

Quote:

Originally Posted by DarrylS

Without regard for extenuating circumstance, the judge always has leeway.. if not you can just put the facts into a computer and produce an outcome..

I believe it was a jury which convicted her. In something like 16 minutes.

Quote:

She rejected a 3 year plea deal, as she thought she would be found innocent, after all the guy rejected an existing restraining order, and came to her house and tried to strangle her in front of his two sons.... I always thought you could protect yourself...

It wasn't just "her" house, it was "their" house, for one thing.

She also went to the guy's house 4 months after her arrest and subsequent charge....and she assaulted him there, for which she forfeited her bail, pled no contest to a new battery charge and went back to jail. Why, if she was so afraid of him did she go over to his house?

Quote:

Was she supposed to stand in the corner of her garage, and wait for this guy to come at her again??? It was her domicile, she was essentially being held hostage...

But the physical evidence showed she lied. She said she fired into the ceiling but the bullet holes went through the wall, much lower, and into the front room where the man's two sons were.

I just can't help thinking that the jury must have heard a whole lot of information and seen a whole lot of evidence which is not being given to the public for them to have found her guilty in such a short period of time.

Hebeill · 05-14-2012, 11:35 AM

Quote:

Originally Posted by Mrs.PatsFanInVa

There's some stuff that came out at the trial that's not being mentioned here and I hesitate to second guess a jury who heard it all.

For instance, the "warning shot" which she said she fired into the ceiling -- photographs show the bullet holes much lower - going through a kitchen wall and into the living room where the boyfriend and his children were.

While she was out on bail she went over to Grey's house and ended up getting into an altercation with him and getting rearrested and charged with battery (which she pled "no contest" to) and was placed back in jail for violating the terms of her bond by having contact with him.

In this case, I can only assume the jury heard all this and judged her accordingly. I'd not be too happy with someone who fired a gun into a room with children present - no matter how scared they were.

The sentence sounds severe - but it's a mandatory sentence and not up to the judge or jury.

Marissa Alexander Sentenced: Florida Mom Who Shot At Abusive Husband Gets 20 Years In Prison

Even if she did fire into a wall she doesn't deserve 20 years, thats absurd. The standard sentence in mass. for 2nd degree murder is 15 years to life, manslaughter far less. If she had fired into the wall and accidentally hit her husband? or one of the kids thats could be involuntary manslaughter but more likely manslaughter which usually carries less that a ten year sentence.