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Old 05-15-2012, 09:33 AM   #1
Niiinioa

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Default "Stand your ground" law in Florida is applied differently according to defendant's ra
I'm not expert, but my understanding is that Florida law still prohibits pointing a weapon at someone. Legally you're safer shooting someone than you are just threatening them with the gun.
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Old 05-15-2012, 10:16 AM   #2
Munccoughe

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I'm not expert, but my understanding is that Florida law still prohibits pointing a weapon at someone.
The retarded neighborhood watcher who killed Troyvan Taylor shot and killed him without pointing a gun at him?
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Old 05-15-2012, 10:44 AM   #3
WeestDype

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That's my impression anyway.
Based on two data points? Impressive.
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Old 05-15-2012, 06:19 PM   #4
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No one knows whether or not she had a realistic chance of fleeing safely, along with her two children in tow.
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Old 05-15-2012, 08:33 PM   #5
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Jury of her peers, though. That's the problem. Are we saying the jury determination was wrong?
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Old 05-15-2012, 09:23 PM   #6
arcaniagainee

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American's have too many guns.
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Old 05-15-2012, 09:27 PM   #7
HakTaisanip

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.[/q]

That's where she screwed up. Once you flee, you're no longer "standing your ground." Should people be allowed to run away from an ass kicking, and then come back with a gun and shoot their attacker? Maybe. But Florida law apparently says no.
That would be the law most places I suspect. Once you have escaped, call the police .
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Old 05-15-2012, 09:35 PM   #8
HaroTaure

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MRfun

While your assertion may be correct there is hardly any evidence for it here. Two data points with very different fact situations and one of them yet to be determined by the courts, is hardly conclusive of anything. A few thoughts

1. The biggest problem here seems to be the mandatory sentence-- If there was sentencing discretion the judge could say guilty but next to no punishment.

2. How does the Florida "stand your ground law" differ from common law or statutory rules that permit self defense?? -- I assume it strengthens it somehow by making flight less required somehow (hence the name)?

3. As others have said-- the fact that she could have the time and forethought to fire a warning shot instead of "needing" to fire at him IS, on its face, evidence that the threat to her was not imminent.

4. I read nothing into the Trayvon case until we have a decision. A delay in prosecution doesn't mean a whole lot as there could be multiple reasons for such a delay.

Bottom line-- Florida justice may be racially biased-- It is not uncommon for racial biases to exist. But the evidence here doesn't prove anything at all other than Florida has a definite legal bias against the concept of a "warning shot"-- Its better to shoot at someone and miss
1, 3, & 4. You're absolutely right about that.

2. Stand your ground extends traditional common law self defense rights (castle doctrine) beyond the home. Since this was in her home, it's irrelevant.
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Old 05-16-2012, 03:40 AM   #9
CurtisTH

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she shoulda got a medal

wtf kind of jury would convict her knowing she'd get 20 years?

or did they know?

Alexander had no prior criminal record and possessed a court-issued protective order against her husband at the time of the attack.

Alexander’s husband, Rico Gray, was arrested in 2006 and 2009 on charges of domestic battery. Hmm...those victims (Alexander?) should have just got away too...

And now this same prosecutor has George Zimmerman in her sights? Judges who hand out sentences like this for "any" reason should resign before taking blood money.
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Old 05-16-2012, 06:35 AM   #10
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that douchebag appointed the same prosecutor to the Zimmerman case
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Old 05-16-2012, 06:50 AM   #11
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How dare these people follow the law! Exactly! How dare them! The "law" is morally bankrupt... Following it is immoral... Why do you think the judge had a problem handing down that sentence? And yet thats what he did. How dare him!
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Old 05-16-2012, 07:20 AM   #12
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It's not the judges duty to put his/her judgement in place of the law. If a judge wants to put his/her own sense of morality above the law, he's in the wrong job. If the defendant wants to to try for nullification. that chance for that is with the jury. Seriously though Berz, she didn't present any concrete evidence to support the Stand your ground claim according to the judge.
I said the judge should have resigned, but nullification aint legal. Jurors are told to determine the facts and not impose their morality on the law - just like the judge. And when everyone "follows the law" we end up with mindless BS like this, 20 years for warding off an ******* with priors for domestic abuse and a restraining order. How's that for concrete? And now the prosecutor responsible for this catastrophe has been rewarded with hanging George Zimmerman.
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Old 05-16-2012, 02:16 PM   #13
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How's that for concrete? She fled to the garage (a place with an exit). got a gun, and then went back to confront the husband.
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Old 05-16-2012, 02:49 PM   #14
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She rejected a 3 year plea deal and chose to roll the dice.
Plea deals piss me off. Why should admitting a crime change the sentence from 20 years to 3? Over and over again it seems to act as a way of getting innocent people to just not risk trying to prove their innocence because in doing so they could end up with a sentence thats 5 times as long.
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Old 05-16-2012, 03:14 PM   #15
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I said the judge should have resigned, but nullification aint legal. Jurors are told to determine the facts and not impose their morality on the law - just like the judge.
The great state of Maryland has jury nullification enshrined in our Constitution. One more reason why our swampy hellhole is better than other swampy hellholes like Florida.
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Old 05-16-2012, 10:07 PM   #16
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its illogical and immoral to expect a mother to run away and leave her kids behind with an ahole like that
The only one in this incident who seems to have put the kids in physical danger is the mother by firing a badly aimed shot in their dwelling.
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Old 05-17-2012, 07:20 AM   #17
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It's strange, but if she'd just shot him, without firing any warning shots, she probably wouldn't have been arrested. He didn't belong in the house, there was a restraining order against him, and he's a black man with a history of violence. If the cops showed up to find him dead, they'd have shrugged their shoulders, congratulated the woman on a good kill, and gone about their paperwork. But law isn't about what's right or wrong, it's about legal and illegal. If people realized that the law isn't a moral code, maybe they'd quit looking to the government to solve all their problems.
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