Sunday, October 9, 2011

New Develpments about an Old Crime Arising from Domestic Violence

This is new developments about an old crime. This was not a crime that involved a firearm. But it does address the issue of domestic violence, the abused victim and our legal system.  Many domestic violence crimes DO involve firearms, or threats of the use of firearms.  Firearms are used frequently in violent domestic relationships resulting in murder / suicides.  So it clearly is appropriate for us to discuss and consider here the defense that victims use of killing their abuser out of a long pattern of fear of injury and fear of being killed.  This would appear to be a more real and justified fear than some of the other fears expressed by the pro-gun side.


Agree, disagree, discuss!

From MSNBC,com and the AP:
Image: Gaile Owens
Mark Humphrey  /  AP
Gaile Owens hugs a friend, Linda Oakley, after Owens was released Friday from the Tennessee Prison for Women in Nashville.
By
updated 10/7/2011 12:54:45 PM ET
A Memphis woman who spent 26 years on death row and came within two months of being executed for hiring a stranger to kill her husband was freed Friday from a Tennessee prison.
Gaile Owens, 58, was greeted by a small group of supporters outside Tennessee's Prison for Women. Owens was all smiles as she pushed a yellow laundry cart containing her belongings past the prison's razor-wire fence to freedom.
Owens was sentenced to die in 1985, but her death sentence was commuted to life in prison last year and she won parole last week.
Image: Gaile Owens with son
Mark Humphrey  /  AP
Gaile Owens walks with her son Stephen as she is released.
Once out, she gave her son, Stephen Owens, a long embrace, as well as a former cellmate who is now free.
Owens issued a statement before leaving. She said she feels a "responsibility to give back to those who have given so much to me."
"I'm looking forward to leading a quiet, private, but productive life," Owens said. "But more than anything, I'm looking forward to being a mother and a grandmother. I can't wait to see my grandchildren, and to fulfill my dream of walking in the park with my family."
Stephen Owens, who is now grown and has children of his own, said he realized the transition for his mother was not going to be easy.
"This will be a slow process, but we will focus on one day at a time," said Stephen, adding that's he's looking forward to spending the rest of the day with his mother. "The days ahead will be completely new and different for all of us; but as always our confidence and trust are in God."
Supporters had urged her release, claiming she was a battered wife who didn't use that defense because she didn't want her young sons to know about the physical and sexual abuse.
John Seigenthaler, founder of the First Amendment Center at Vanderbilt University and an Owens supporter, said the first time he met her nearly three years ago, he could tell she was sincere and fearful of the future.
"Clearly she was afraid she was going to die," he said Friday.

Dennis Henigan on the NRA Failure to Capitalize on Heller


The NRA's dreams that District of Columbia v. Heller would result in a free-for-all of gun-toting teens and AK-47 arsenals has so far been soundly rejected. Instead, the NRA's litigation has led to a host of well-reasoned decisions from Republican-appointed judges upholding strong gun laws. While the NRA recently complained in an e-mail to its members that it is facing "a series of Second Amendment disasters," who knew they'd be in cases handpicked and funded by the NRA itself?
That's his concluding paragraph to a wonderful article about who's really winning, one of our favorite subjects. Few gun-rights advocates will admit it, but the fact is during the first three years of Obama's term, a time in which the president proved to be anything but the terrible adversary to gun rights the NRA predicted, the pro-gun gains have been minimal to say the least. There are those who admit it.

I offered the following on Baldr's blog:

The gun-rights folks are rightfully worried. if this is what happens with a cooperating (with them) President and a Supreme Court weighed towards their side, they're in big trouble when things change.

Sebastian responded like this:

I don't make any suggestions otherwise. The Second Amendment is one vote on the Supreme Court away from being erased from the Constitution and rendered meaningless. They don't even have to overturn Heller and McDonald, just decide in future cases not to expand the right beyond the ability to have a gun in your home, even though state courts have tended to overwhelmingly reject that notion when interpreting their own RKBA provisions, and is out of line with the text, which states "keep and bear."

That's why despite your side's prattling about NRA paranoia in regards to Obama, gun owners are intent on getting him out. If he replaces any of the Heller five, the Second Amendment is finished. You're correct to suggest we're scared. I certainly am. But you can't suggest that, and then out of the other side of your mouth tell us we're nuts for opposing a second term for President Obama. If Kagan turns around and surprises us, I'll eat my words here, but I'm not holding my breath.
Being the consummate debater that he is, Sebastian wasn't able to simple agree with my suggestion that his side has made so little progress in these years that the future looks bleak for them, no, he segued the discussion into another area, our calling them paranoid. He says that it is true they've made so little progress that the 2A is "one vote on the Supreme Court away from being erased from the Constitution and rendered meaningless," therefore they're justified in being paranoid.

Now that's what I call slick debating.

What's your opinion? Is everyone beginning to come together in agreement that, despite all the Wayne-La-Pierre type blustering we often have to put up with, gun rights are gradually taking a back seat to sensible gun control laws?

Please leave a comment.

ALL HAIL MARX! ALL HAIL LENNON!

It's John Lennon's Birthday!