Self Defense Doesn't Work in Cases of Abuse?

[Saved7]

I don't understand why this poor woman is going to prison for firing a single warning shot into the ceiling to stop her abusive husband from killing her. What is wrong with this world?

http://news.yahoo.com/why-couldnt-ma...162546331.html

[Reynolds357]

I don't understand why this poor woman is going to prison for firing a single warning shot into the ceiling to stop her abusive husband from killing her. What is wrong with this world?

http://news.yahoo.com/why-couldnt-ma...162546331.html

Just as in the Trayvon Martin case, I do not know all the facts. Having said that, the justice system favors those with money. It always has and always will. The State will go to trial in a minute against a public defender or a $10 ambulance chaser who will put on a one hour defense, but they think long and hard when they are going to have to go up against a defense attorney/team who will make a month long trial out of it and bring in costly experts that the State will have to refute.
The legal system is what it is.

[Fenris]

Time magazine says the story is not that simple

http://ideas.time.com/2012/04/30/whe...xid=gonewsedit

Yet a judge rejected Alexander’s motion to invoke “Stand your ground” because she could have exited the home. What happened to having no duty to retreat? The judge wrote there was “insufficient evidence she reasonably believed that deadly force was needed,” and that Alexander’s behavior was “inconsistent with a person who is in genuine fear for his or her life.”

[Reynolds357]

Time magazine says the story is not that simple

http://ideas.time.com/2012/04/30/whe...xid=gonewsedit

I never knew everyone who was in fear of their life acted the same.

[BrianW]

Does firing a warning shot into the wall or ceiling equal deadly force? (The question is not aimed at anyone in particular just asking in general)

Her ex said that she never pointed the gun at him at any time. He admits that he beat on her and other woman and that he wanted them to be afraid of him. I'm thinking there is more to this than has been reported but what the judge said just doesn't make sense to me.
Is deadly force required for the Stand Your Ground law to be used as a defense?

I'm seriously confused about this. 20 years for a warning shot fired into the ceiling? There -has- to be more to it than this.

[aftertheflood]

Like Fenris, I don't know the details. The charge apparently implied here is "felony assault with a deadly weapon without the intent to harm". Now given the typical "Make my day law", such as in Colorado, if you shoot and kill someone in a situation like this you will be protected from prosecution. However if you discharge a firearm the courts will look at it as that the threat of serious bodily injury or death was not imminent as there was time to secure your weapon and fire a warning shot. This is indicated by the judges statement that she "had time to escape through the master bedroom window, front door, or sliding glass door". If she had shot and killed him she probably would not be in this situation. That is one of the reasons that when I used to teach defensive hand gunning I would ask my students a simple question on day one - can you kill someone? If the answer was "no" then I would not instruct them. I would also tell my students that if someone breaks into your home you must kill them, never shoot to wound or warn as the latter two carry both criminal and civil consequences!

[keck553]

A weapon should only be discharged to stop an immanent threat of grave bodily injury and death. A warning shot can be presented as legal evidence that such a condition did not exist.

If you think someone is going to kill you and you have a weapon, aim at center of mass. Don't punish the ceiling.

[Fenris]

If you think someone is going to kill you and you have a weapon, aim at center of mass. Don't punish the ceiling.

Actually the Zimmerman case teaches a dubious lesson: If you're going to shoot, kill them. That way there's no testimony to conflict with yours.

[ChristianCoffee]

Actually the Zimmerman case teaches a dubious lesson: If you're going to shoot, kill them. That way there's no testimony to conflict with yours.

And my dad always said: drag them at least 1/2 way in your home as well.

[Fenris]

And my dad always said: drag them at least 1/2 way in your home as well.

Not necessary in Florida "stand your ground".

[keck553]

Actually the Zimmerman case teaches a dubious lesson: If you're going to shoot, kill them. That way there's no testimony to conflict with yours.

IMHO, the attitude of shooting to kill in a self defense situation is a sin and (perhaps more immediately important) in my state at least, a crime. Using deadly force to counter deadly force is not supposed to be a judgement, it is supposed to stop someone's lethal or potentially lethal action(s). Nothing more.

The Zimmerman case has nothing to do with this. None of us know his heart.

[Reynolds357]

And my dad always said: drag them at least 1/2 way in your home as well.

That will get you convicted of murder today. Crime scene processing is much better now than it used to be.

[Ta-An]

I do not know your laws... but over here...... you need to have a valid license for a weapon to fire it.
Warning-shots are not to be shot into the air, as that bullet still has to come down, and can still kill another innocent person.. .... warning-shots are shot into the ground or into furniture that can absorb the bullet.

[keck553]

I do not know your laws... but over here...... you need to have a valid license for a weapon to fire it.
Warning-shots are not to be shot into the air, as that bullet still has to come down, and can still kill another innocent person.. .... warning-shots are shot into the ground or into furniture that can absorb the bullet.

In my state if you fire a warning shot, your life is not in danger (by default). That would then fall under "illegal discharge of a weapon"

[NHL Fever]

Actually the Zimmerman case teaches a dubious lesson: If you're going to shoot, kill them. That way there's no testimony to conflict with yours.

Ya pretty much. This kind of law is pretty obviously a big problem that way. Combined with alcohol I`m sure this works out really well. Guy insulted your girlfriend - well now he`s gone.... he was `threatening`me, honset.