Posted on 01/27/2015 8:13:36 PM PST by smokingfrog
JACKSONVILLE, Fla. - Marissa Alexander, a woman whose case helped bring national attention to Florida's stand your ground and minimum sentencing laws, was allowed to leave jail late Tuesday afternoon to spend the rest of her sentence on house arrest.
Applause broke out in the courtroom when Judge James Daniel announced he would reject the prosecutors' request for an additional two-year sentence and was releasing Alexander to community control.
As she left the courthouse, Alexander read a prepared statement:
"Today, after the sentence given by Judge Daniel, my family and I will be able to move on with our lives. Although the journey has been long and there's been many difficult moments, I could not have arrived here, where I am today, without the thoughts, many thoughts and many prayers of so many people who voiced their support and encouragement. Words can never express my gratitude for those who stood beside me, including my children and family. I am also grateful that Judge Daniel approached this case with such care and diligence."
(Excerpt) Read more at news4jax.com ...
There are other elements of self-defense beyond having a reasonable fear, or a duty to retreat. One of them is that you can’t be the one to escalate to or start a deadly force fight. Going to the garage and getting the gun, instead of leaving, and coming back in to fire a shot does not make a good self-defense case.
Retreating wasn’t the issue.
And it wasn’t her house anyway.
This is true, but assuming you’re sober and there isn’t anything in your bloodstream that could be an issue, it’s still worth it, especially if you are older. People have had righteous shootings and then they keel over from a heart attack caused by the stress while the policeman is still looking around. Better safe than sorry.
And the police can’t really question you while the medic is working on you or transporting you to the hospital, allowing time for your attorney to catch up with you.
You are remembering as I remember it.
There are numerous articles, court documents, and analysis by a self defense expert and attorney, along with follow up in the comment sections @ http://legalinsurrection.com/
While I agree with you about the prosecutor and judge, she had a really thin case for self defense.
The problem is that it is impossible to tell what might have happened had she not armed herself. We will never know, but at least nobody was killed or maimed.
From what I understand he was abusive. While that is sometimes and even frequently abused it didn’t seem so in this case.
Plus it sets a pretty bad precedent with a law that is horrendous. Referring to the 20 year automatic sentence.
I wouldnt be surprised that in a panic she pushed the door instead of pulling.
Under Florida law you don’t have a duty to retreat from your home.
I thought she was living there?
Write the paper, the author, the editor and the publisher. These little liberal lies must stop.
Has Corey been impeached, jailed or tarred, yet?
You are correct. I remember this case. The woman is a nut, IIRC.
That's what I was addressing. You don't have a duty to retreat from your home in any state. But like Stand Your Ground, that has nothing to do with this case. She wasn't guilty for not retreating. She was guilty because she was the aggressor, not the defender. It wasn't self sefense.
They were having a verbal argument. He wasn't physically attacking her. She walked out to the garage, got her gun, came back in, said "I've got something for your ass" or something like it, and shot at him.
He had been accused of violence in the past but never convicted of it. She lost her probation for attacking him though. I'd say they were both hot headed and physical. But all that matters is what happened in that house that day.
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