Hmm?

Should a woman who knew that when her husband got home he would beat her who had the opprotunity (a working car and half an hour) to escape but instead chose to stay home and shoot her husband when he got home and tried to beat her (the husband being intoxicated over twice the legal limit) be convicted of first degree murder for shooting her husband?

 

What kind of question is that???

Leaving the situation is the more mature way of going about it, dont' you think?

 

sounds like premeditation to me.

 

She needs to get in her car and leave the situation while she still has the ability to do so.

 

Lets say she doesn't see leaving as an option. Then what?

 

Well premeditation can get you a lot of years in jail.

 

Lets say she just wanted to use the gun as a fear factor, but her husband kept coming, even after she shot a warning shot away from him and then shot him in the sholder but he was so drunk he kept coming.

 

That would be up to the jury after hearing the facts of the case I suppose.

I'll play along though.

If she wasn't planning on killing him, just having the gun as protection (so she could scare him if he were to try and hurt her), then she could pull out the self-defense defense...

Prosecutors would probably want 2nd or 3rd degree murder though.

I'm sure she'd end up with some sort of manslaughter charge at the very least unless she had a VERY GOOD explanation for why he wound up dead.

 

Coming from a background as an abused child of an abused mother and knowing many more abused women, I have to say that escape is the best option.

Most women, though cowering and lacking in self-esteem, are not silly enough to think that they can "scare" their abusers. Given the choice to face them or leave, most will leave. And seeing as how she had a working car at her disposal, it doesn't seem too much like abuse to me. When my mother was living with my father, he rationed her gas so much so that she barely had enough to get groceries and pay bills. She was running on fumes usually, by wednesday morning.

It seems very premeditated to me.

 

But I thought you said in your orginaly post that she had the opportunity to, that she had half an hour to leave? But that she chose to stay home? Why wouldn't she leave?

 

trigger-happy people deserve to be punished. If it was a scare factor, then the gun shouldn't be loaded in the first place or why not just use a replica gun therefore no sort of murder or manslaughter can be committed.
If it's all been thought about (premeditated) then there is intent and when there's intent.... it's murder, self-defense won't or at least shouldn't come into it.

 

Problem is in some cases the husband hunts the woman down and beats her again.

This woman is a murderess playing the "boo hoo hoo he beat me" card.

But even I agree there are some men who belong in shallow graves.

 

Oh, most definitely. Some men are relentless in their need to dominate and opress their wives. And they belong to a special fate, i think.

But this woman doesn't seem to me, at least, to be in that severe a category.

 

No, it's typical. She wants to not go to jail for shooting her husband and she's using the "he beats me" line.

You know, there are women who file false rape allegations and false beating accusations.

 

an abused woman is at the most danger when she tries to leave. She has also been so psychologically manipulated into believing that she cannot leave, that she cannot live without her abuser, that nobody else would want her... it's so complex a situation, that nobody who has not been in similar circumstances can possibly understand what it is that woman might be going through. She may have seen no other option available to her at the time.

yes, everyone, no matter their circumstances, is responsible for their actions. Premeditated murder is murder. Self defense is still murder, but carries shorter jail time. I'd say that a severely abused woman, with proof positive of long-term physical abuse, with a good lawyer, and the right judge and jury, could get the charges dropped to self defense.

 

you have a really good point there, but if she has been under his control for very long, he wouldn't need to take away the car anymore, she'd be afraid to even try to drive it anywhere. It's awful the mind games abusers play. I agree though, most cases of domestic violence and habitual abuse, the abuser does not allow their partner the slightest chance of freedom, no car, no phone calls, no contact with family and friends, no chance to leave without help from someone, and if you can't contact anyone...

 

But you also have to think of the abuser. He'll STILL ration gas and phone calls even after he doesn't have to, just because he needs to FEEL that sense of power. And even if you've got a person cowering in a corner, that little extra push feels so much better.

 

Ya know, these specific "what if" thread, obviously designed to make all womyn look evil or stupid ect. are getting ridiculous.

How bout I go to the Mens Issues Forum and say, "Say there's this dude, and he is cheating on his wife, but she won't sleep with him as much as he want, so he tels her he's either going to rape her, or she's going to have to accept him getting a girlfreind. Would he be justified? "

PLEASE read the Guidlines for the WIF at the top of this forum. Thank you.

If you don't know enough about Domestic Abuse to even say "Well, why doesn;t the bitch just leave?" then you don't know enough to be posting things about Domestic Abuse.

I am issuing a Warning about SPECIFIC "Evil Womyn" anecdotes to those who are continuing to do so. That is NOT what this forum is for.

Go to "Relationships" go to "The piss and moan because womyn are so evil to me and I can;t get laid" forum (oh, we don't have one of those) This forum is NOT for anecdotes about how ONE particular womyn may have made a poor choice and the attempt to generalize this shit to all of the female gender.

LAST WARNING.

 

Look at mamaboogie's posts, then do some research on Domestic Abuse. I'm closing the thread.