By Mark Esposito, Guest Blogger
Angela Corey has become a minor legal celebrity for her tough-minded prosecution of the Trayvon Martin murder case. Her toughness has also drawn the ire of U.S. House member Corrine Brown in a racially charged case in Jacksonville. The case involves Marissa Alexander who was charged under Florida’s “10-20-life” law which mandates progressively tough penalties for violent felonies when firearms are involved.
Saying he had no choice, Judge James Daniel sentenced the mother of an 11-year-old to 20 years in prison after a jury convicted her of aggravated assault for firing a warning shot to discourage her estranged husband from choking her. In a cruel irony another judge had rejected Alexander’s invocation of Florida’s “Stand Your Ground” law, ruling she wasn’t in fear for her safety when she returned to her house to get the car keys she had forgotten after she ran into her garage in an attempt to escape.
The prosecutor was singled out for failing to exercise discretion in the case. “There is no justification for 20 years,” Brown told Corey, “All the community was asking for was mercy and justice.”
Corey had offered Alexander a plea deal which carried a three year sentence. Alexander bet on the good sense of the jury, and crapped out. Judge Daniel seemed frustrated by the case:
“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.”
Rep. Brown was not so diplomatic saying, “She was overcharged by the prosecutor. Period. She never should have been charged.” Brown, the Jacksonville congresswoman, told reporters that the case was a product of “institutional racism.” Corey said the case deserved to be prosecuted because Alexander fired in the direction of a room where two children were standing.
Mandatory minimum sentences ignore mitigating factors and punish under a “bright-line” test. They are the darling of the “law and order” crowd who see the world in stark shades of black and white and who eschew any discretion for “lily-livered” judges who have the disturbing habit of mixing compassion and justice in sentencing decisions.
Proponents of the 1999 “10-20-life” law point to the fact that violent gun crime rates have dropped 30 percent statewide since the law was enacted. Is 20 years fair for a woman trying to defend herself? Should the prosecutor have heeded Rep. Brown’s suggestion and backed off the charges altogether? Can a law be just in the face of a result that flies in the face of “natural justice”?
Source: CNN
`Mark Esposito, Guest Blogger
Fuck you spam filter. Fuck any wordpress blog that relies on it.
Totally disrespectful of commenters. Switch to disqus or livefyre or some commenting system not written out of crap.
Shano,
I presume those were rhetorical questions you addressed to Malisha?
JFK established a Peace Corps. Shall we ask OWS to establish a Justice Corps statewise for the whole of America?
Perhaps Soros and Buffet mght be interested.
BTW you’re cooking on both burners.
@id, if you think what I wrote is inaccurate, I respectfully suggest it means you are not up with current research.
http://www.washingtontimes.com/news/2009/jul/14/a-domestic-violence-victim/
“Violence by women against their male partners is often ignored or not recognized as domestic violence. Law enforcement, the judicial system, the media and the domestic-violence establishment are still stuck in the outdated “man as perpetrator/woman as victim” conception of domestic violence.
Yet more than 200 studies have found that women initiate at least as much violence against their male partners as vice versa. Men account for about a third of domestic-violence injuries and deaths. Research shows women often compensate for their lack of physical strength by employing weapons and the element of surprise — just as Miss Kazemi is thought to have done.
The most recent large-scale study of domestic violence was conducted by Harvard researchers and published in the American Journal of Public Health. The study, which surveyed 11,000 men and women, found that, according to both men’s and women’s accounts, 50 percent of the violence in their relationships was reciprocal (involving both parties). In those cases, the women were more likely to have been the first to strike. Moreover, when the violence was one-sided, both women and men said women were the perpetrators about 70 percent of the time.
New research from Deborah Capaldi shows the most dangerous domestic-violence scenario for both women and men is that of reciprocal violence, particularly if that violence is initiated by women. Moreover, children who witness their mothers assaulting their fathers are just as likely to assault their intimate partners when they are adults as those who saw their fathers assault their mothers.
“
Marissa has 3 children. One set of twins and this new baby.
“And where does that leave our “five baby-mamma boys” and their co’s, Can’t call him a man, ANON.”
Never called him a man, instead I said just the reverse. The vast majority of men despise men who hit women.
Goddamn stupid spam filters
The governor should just pardon this poor woman and let her get back to taking care of her baby.
And one last:
No one approves, I presume, that either alleged victims or alleged perpetrators should be disadvantaged by lack of resources or will to investigate.
Nor or course, should our children be diasdvantaged by reduced school funding. I see bý a google on another subject that teacher density in Portland, OR has been reduced by 25 per cent. Whose property tax should be raised? Somebody is not fulfilling their part of the contract in out society. And it looks worse for the future.
So the outlook for justice? The only answer is avoid it.
And where does that leave our “five baby-mamma boys” and their co’s, Can’t call him a man, ANON. And can’t call their co’s for wives. Barely getting by, they are. How many did she already have? And that’s no accusation against her, but against the slavery system and its proceeds.
Our cleaning lady put three kids through college, with a husbands help. Wish she had been employed by an agency to teach others.
Malisha: “Florida prosecutors should be held accountable for their habitual denial of people’s (victims’ or defendants’) constitutional rights under color of state law.”
By whom? Does the public outcry come first and then the Feds have to look into this? How much public outcry is needed for powerful people to have an epiphany of common sense and fairness?
One point more:
Jury and judges. Jurymen are selected, most are repeats, well reconned. What do you think makes the grade.
That leaves the judge to insure the material presented in just that: material. But how much does he know, and what can he require of both sides and when can he throw out a case. In Alexander, it looks creepy to this non-lawyer.
As for ANON: It’s Malisha’s call, but I’d say it’s
statistics backing up wishful opinions. Join the gang.
How big an issue is women beating up men. What do hospital admission stats say. What do death stats say.
As for prosecution stat, forget it. That was the point of it all, as Malisha said it, IMHO.
I’ve clearly been away since my comment after OS.
Reading the above has been time well spent. Thanks.
My personal summation:
MikeS has the overview right, which is what is needed nationwide and mediawide (however that can be done).
GeneH had a clear lawyer pragmatic confirmation of MikeS.
Dredd provides his usual mix of the farce of it all view.
Top Shot gives a thankful strawman to shoot at.
Malisha gives both overviews (droit de seignure) which conditions us all and our society. And she gives the details of how people work in encounters, and even before they meet. And her summation of what we know and cannot know but Corey and the def. attny does.
Shano puts the nails in the Alexander case, unfortunately it was nót Corey in the coffin.
What do I think. I think our revolutions, both in Europe and the USA have not been thorough enough. And let’s establish public defender funding so that they can follow police investigations from the beginning. They should outnumber the DA by 3 to one.
Lastly, were moms in solitary mentioned. It should be outlawed for all human confinement.
And politicians who vote for 10-20-life should get 10 tazer lashings a day until the law is rescinded and NO over-charging negotiations should be allowed.
Then maybe we can change the enjoyment industry to include mild self destruction on the level with alcohol and tobacco but by drugs, the incarceration for profit industry, and start on helping all be free from fears.
Maybe the media needs an FCC, or other aids to self-policing.
Any other miracles for today???
We’re doing our best. Are our representatives?
The fact that she recently had a baby, a premature infant 8 days before, made her particularly vulnerable to violence. She probably could not have physically fought it out to protect herself without grave injury.
“He admitted, remarkably (as if he was just BEING A MAN)”
That is completely unfair Malisha and should be beneath you.
The overwhelming majority of men do not commit domestic violence of any kind. The overwhelming majority of men despise men who hit women.
And current research demonstrates that women commit domestic violence on men at just about the same rate than men do on women.
http://en.wikipedia.org/wiki/Epidemiology_of_domestic_violence#Against_men
Against men
Women’s violence towards men is a serious social problem.[30] While much attention has been focused on domestic violence against women, researchers argue that domestic violence against men is a substantial social problem worthy of attention.[4] However, the issue of victimization of men by women has been contentious, due in part to studies which report drastically different statistics regarding domestic violence.
Some studies—typically crime studies—show that men are substantially more likely than women to use violence.[31] According to a July 2000 Centers for Disease Control (CDC) report, data from the Bureau of Justice, National Crime Victimization Survey consistently show that women are at significantly greater risk of intimate partner violence than are men. Other studies—typically family and domestic violence studies—show that men are more likely to inflict injuries, but also that when all acts of physical aggression or violence are considered in aggregate, women are equally violent as men,[32] or more violent than men.[33][34][35][36]
In May, 2007, researchers with the Centers for Disease Control reported on rates of self-reported violence among intimate partners using data from a 2001 study. In the study, almost one-quarter of participants reported some violence in their relationships. Half of these involved one-sided (“non-reciprocal”) attacks and half involved both assaults and counter assaults (“reciprocal violence”). Women reported committing one-sided attacks more than twice as often as men (70% versus 29%). In all cases of intimate partner violence, women were more likely to be injured than men, but 25% of men in relationships with two-sided violence reported injury compared to 20% of women reporting injury in relationships with one-sided violence. Women were more likely to be injured in non-reciprocal violence.[citation needed]
Straus argues that these discrepancies between the two data sets are due to several factors. For example, Straus notes that crime studies use different methodologies than family conflict studies.[37] Additionally, Straus notes that most studies show that while men inflict the greater portion of injuries, women are at least as likely as men to shove, punch, slap or otherwise physically assault their partner, and that such relatively minor assaults often escalate to more serious assaults. Men generally do not report such assaults if asked general questions about violence or abuse; older studies frequently failed to ask about specific actions, thus falling afoul of quite different cultural gender norms for what constitutes abuse. Minor assaults perpetrated by women are also a major problem, even when they do not result in injury, because they put women in danger of much more severe retaliation by men.
The 2000 CDC report, based on phone interviews with 8000 men and 8000 women, reported that 7.5% of men claim to have been raped or assaulted by an intimate at some time in their life (compared to 25% of women), and 0.9 percent of men claim to have been raped or assaulted in the previous 12 months (compared to 1.5% of women).[31]
A 2007-2008 online non-random, self-report survey of the experiences and health of men who sustained partner violence in the past year. The study showed that male victims of IPV are very hesitant to report the violence or seek help. Reasons given for non-reporting were they (1) may be ashamed to come forward; (2) may not be believed; and (3) may be accused of being a batterer when they do come forward. The 229 U.S. heterosexual men, between 18 and 59, had been physically assaulted by their female partner within previous year and did seek help. The researchers say their findings emphasize the need for prevention on all levels:
Primary prevention: Educate public and providers that both sexes can be IPV victims
Secondary prevention: First responders (police, hotlines, medical professionals) should take concerns seriously from all individuals (including males) seeking help
Tertiary prevention: Rehabilitative services available to all individuals[38]
I think your point about women who are victims of domestic violence have a hell of a time getting justice certainly stands in this case.
would I have taken the 3 year deal? HELL NO. I would have been just as naive to think that justice would be on my side.
Thats why I say the jury must not have been allowed to hear the truth, the whole truth and nothing but the truth. Just a bunch of smoke & mirrors and bluster so Corey could put another notch on her belt.
Shano, good point.
I read a part of the deposition of the “victim” of her violent crime, that is, her husband. He said, “I have five baby-mamas and I have hit all of them except one.” He admitted beating Alexander. He admitted, remarkably (as if he was just BEING A MAN) that had his two sons not been with him that day, and had she not fired her gun, he was DEFINITELY going to advance on her and hurt her right there in the garage. He admitted knowing she couldn’t get out of the garage because the garage door was malfunctioning! The man did not even bother to lie about these things!
I think it is undeniable that an injustice proceeds to its ultimate unjust conclusion unless a vocal and active public contingent gets into it and really screams. Not just in Florida, plenty if not most if not all other places too. And the fact that this injustice is so obvious doesn’t really help, except to the extent that it might really mean something to the press and the feds. Not as in “Zimmerman and Alexander should both get off under the stand-your-ground laws,” but as in “Florida prosecutors should be held accountable for their habitual denial of people’s (victims’ or defendants’) constitutional rights under color of state law.”
And then we see Corey asking reporters “where have you been? Have you been following this case from the beginning?” (sic)
Would it have made a difference if the case got more media attention from the start? Is that what she is saying?
Because that seems to be the only way to get justice in her territory down there in Florida there…….
Shano,
That sounds as if she got a really raw deal there. Remarkably!
If you have a public defender, you may not get the same defense as a private high-priced lawyer might provide.
http://www.change.org/petitions/free-marissa-alexander
The bullet went into the wall very near the ceiling. Her husband came into the garage after her.:
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 “Bitch 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, “Bitch 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.
The state of Florida has a self-defense law which includes the right to Stand Your Ground. Marissa Alexander did not receive immunity under this law.
Alexander’s husband admitted that he was the agressor, threatened her life and was so enraged that he did not know what he would do – this being under sworn statement in November of 2010.
Alexander’s husband was arrested for domestic violence twice – once for abuse against Alexander. That attack landed Alexander in the hospital.
Visit Marissa Alexander’s blog for her story in her own words. – http://www.justiceformarissa.blogspot.com