Forget Florida's Stupid "Stand Your Ground Law"

[mrjarrell]

It doesn't work and is, seemingly, not even recognised by at least one prosecutor in the state. Here's a lady that stood her ground, fired a warning shot, stopped the assault on her and is looking at 20 years. A law that isn't recognised by the powers that be is useless. Better to stay the hell out of Florida, if you're armed. Oh, and Zimmerman? He's screwed.

Why Couldn't Marissa Alexander Stand Her Ground in Florida? - National - The Atlantic Wire

 

[TaunTaun]

Lesson of the story, don't fire warning shots.

 

[gunowner930]

Lesson of the story, don't fire warning shots.

Yep, but the average person thinks that if they fire a warning shot they may be able to stop a threat without taking life. Unfortunately, had Ms. Alexander shot the bastard then she would be free today. Doesn't make much sense, especially given the fact that she must serve a mandatory minimum of 20 years. I'm not sure if race was an issue in this case, but if making it an issue stops this madness then so be it.

 

[mrjarrell]

I seriously doubt the outcome would have been better had she actually shot her husband. She'd just be looking at life (or death) at the hands of the court. They wouldn't even allow her to use stand your ground as a defence.

 

[netsecurity]

I think there is more to this story. The judge didn't seem to see her as the victim. She sounds bipolar to me...

Exclusive: Marissa Alexander’s Current Husband SpeaksPolitical News and Opinion from a Multicultural Point of View | Political News and Opinion from a Multicultural Point of View

"“Marissa is not portraying herself as she is, I was begging for my life while my kids were holding on to my side, the gun was pointed at me.” Mr. Smith confirms there was a restraining order on him requested by his wife at the time of the incident but also claimed he had a restraining order on his wife as well.
...
“Marissa didn’t come out of the house until 30 minutes later after SWAT had to be called out. SWAT had to get in touch with one of Marissa’s family members and SWAT had to tell Marissa if she didn’t come out in five minutes they were coming in there to get her. It wasn’t like she came out when the police got there,” Mr. Smith said.

“She’s just using the stand-your-ground because of the Trayvon incident. I feel sorry for her but at the same time I thought I was going to die that day in front of my kids,” Smith added."

 

[TaunTaun]

And the other side of the story comes out....interesting.

There are always 3 sides of a story like this.

His side, Her side, and the truth.

 

[level.eleven]

Yup. She is guilty. Got hit with mandatory minimums.

Is Marissa Alexander a Poster Child for SYG? | Shall Not Be Questioned

Lots missing from that Atlantic piece.

 

[KLB]

20 years in prison? Really? Why do we want to lock all these people in prisons?

 

[Magneto]

How can you be stopped from using a law that is on the books of that state as a defense even if the prosecution doesnt like it? Sounds like someone has it in for her personally.

 

[level.eleven]

20 years in prison? Really? Why do we want to lock all these people in prisons?

She rejected a plea deal and was subject to mandatory minimum sentencing for assault with a firearm. 20 years in the state of Florida.

 

[level.eleven]

How can you be stopped from using a law that is on the books of that state as a defense even if the prosecution doesnt like it? Sounds like someone has it in for her personally.

Or, she was never in danger of her life and wasn't "standing ground". She also didn't fire a warning shot at the ceiling. She fired at the man. She was released on bond and instructed to stay away from the man. She returned to the man's residence, assaulted him, and was rearrested. Judge revoked bail and her attorney quit the case.

 

[Kirk Freeman]

It doesn't work and is, seemingly, not even recognised by at least one prosecutor in the state.

It does work but you have to be in the right to claim it. One cannot provoke a fight and then claim self-defense.

Here's a lady that stood her ground

She did no such thing.

It is a tenet of self-defense in all 50 states that one may only claim self-defense if one is where he has a right to be.

When you go over to your ex's home, in violation of a protective order, you do not have a right to be there and your claim of self-defense is invalid.

 

[Kirk Freeman]

The MEYE Rights Brigade never talks about the rights of the other. There is no other person to the MEYE Rights Brigade, only them.

What about the person whose property was violated?

 

[figley]

Wow, OP, I thought your thread was going to be about something relevant, like the task force that is investigating Florida's SYG laws.

For your reference that's FL 776.013 (3).

Here's Ayoob's opinion:

http://www.youtube.com/watch?v=EsQeTKnD_f0

 

[Lucas156]

Wow mrjarrell I would neg rep you if neg rep was still in effect. It looks like there is more to the story than your thread title. Thanks for the misinformation.

 

[Hoosier8]

Not only that, I believe she pleaded guilty publicly and it only took the jury 13 minutes to return a verdict.

According to court documents she ran to the garage to get her registered handgun.


But instead of leaving, she returned to the kitchen and fired a single shot into the ceiling with her ex-husband and his two small children in the room.