Thursday, September 05, 2024

DOMESTIC VIOLENCE AND SELF DEFENSE

One of the great legal tragedies over the last fifty years was the dark underside of domestic violence- women who kill their spouses in self-defense. Not surprisingly, the same legal system that for decades dismissed battery and aggravated battery charges when the defense attorney would simply tell the court the defendant and victim were married and the judge would dismiss the case(ask those of who were around in the 70s and 80s if this did not occur all the time in the REGJB), prosecuted women who fought back and killed their significant other in self-defense. 

It is just another short failing of a legal system we delude ourselves in being the best in the world (far from it IOHO).

This NY Times article about that issue is well worth a read, especially for those DeSantis drones who turn a blind eye to doing the right thing by just calling balls and strikes and telling lawyers that the legislature makes the laws and judges just interpret them. 

Check it out between NFL games this weekend. 

Not to diminish the seriousness of this post, we have some early betting advice. 
Chiefs/Ravens over 47 (but the rain has us a bit hesitant although we have placed the bet) parlayed with under 49.5 in the Eagles/ Packers game in San Paolo Brazil where crime is so rampant that the NFL basically told the teams to not let the players leave the hotels lest they be robbed and shot. 

We kinda sorta like Ravens +3 in KC as a revenge game, but not enough to put more than a fin on it. 


34 comments:

  1. Thank god for stand your ground.

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  2. Thank god for stand your ground.

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  3. Rump, we love your picks and want to follow them. But tell us how many units for each.

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  4. I was there, prosecuting misdemeanors in front of openly racist rednecks who would routinely say “they’re married, there’s no crime here! Dismissed……try to get along”
    Unbelievable, and yet it happened.
    /s/ The Olde Timer

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  5. RUMPOLES; Just as Janet Reno was a pioneer before becoming Attorney General of the U.S. (how many of your readers are saying who is Janet Reno unfortunately), starting drug court and chasing down deadbeat dads the Miami bar should lead the way by holding a conference of solutions and strategies to reign in the gun violence in the nation. You and I know that people with decades in the system have ideas and when you walk in a felony courtroom in the a.m. and see the incustody arraignments it is predominantly minority men who started their life in crime by being allowed as minors, by the legal guardian-school system-and police acquiescence-, to quit school, over 1 million per year. I suggest you organize this, put your blog on the line. THE NUMBER ONE CAUSE OF DEATH OF A CHILD IN THE UNITED STATES OF AMERICA SINCE 2020 IS HOMICIDE. WE ARE APPROACHING OUR 5TH YEAR IN A ROW OF 600 MASS SHOOTINGS. IF NOT LAWYERS, WHO, IF NOT NOW, WHEN?

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    1. Meanwhile, FACDL wants the head of every ASA on a pike. Good luck tackling gun violence without prosecutors willing to advocate for the State.

      Here’s another one: each of you at FACDL rant about guns being bad and some stupid liberal positions but then get a hard-on to challenge possession of firearm by felon under Bruen.

      Speaking of domestic violence, having to work with you people in Miami is the single most gaslighting experience anyone can have. It’s giving Stockholm syndrome.

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    2. Just the prosecutors who don’t turn over discovery and do everything dirty to win. You prosecutors are like lemmings right now, and the funniest part, is the office doesn’t give a shit about you.

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    3. There’s a difference between sensible gun control legislature and defending people’s constitutional rights……. It’s not gaslighting, it’s intellect.

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    4. @11:44 am

      Ok, Gosney or Gosney’s cult member. You got my attention.

      We live in a country where gun violence is prevalent because irresponsible people like yourself who lack judgment are quick to ‘jump the gun’ and make conclusions as to how the defense bar thinks.

      Prosecuting people does not stop people in Florida from getting guns or rifles to perpetrate school shootings or offenses involving firearms. I bet most of the individuals responsible for school shootings or offenses involving firearms do not have priors. Moreover, it has been proven that general deterrence is not effective. Thus, we don't need the SAO to tackle gun violence; we need better laws and legislators. The only advocacy in that office is to keep the misconduct ongoing and hidden. Think of the number of people in county jails in Miami and Florida for violent offenses, and let me know if those numbers translate into a decrease in violence.

      Advocating for gun control doesn't mean that we don't advocate for the constitutional rights of people and fundamental fairness.

      If anything, being prohibited from owning a gun for those who have a prior offense should be on a case-by-case basis. I support gun control, but I'm afraid I also have to disagree that we should take away the rights of those with an offense that was not related to violence and throw them in prison for possessing one. Explain to me why an individual with a non-violent offense should not be allowed to have a firearm and use it for a hobby or self-defense if needed. Many of the issues in this country are based on radical ideas or misconceptions.

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    5. “wE nEeD bEtTeR gUn LaWs” but complains about laws being prosecuted. The gaslighting is ridiculous.

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    6. Yes, radical ideas, misconceptions, and…… racism!!

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    7. There were many motions filed to allow even violent offenders to possess a firearm.

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  6. The miami defense bar on dv cases is the absolute worst

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    1. Exactly! Miami defense attorneys tamper with and intimidate witnesses/evidence; get caught doing so, then clutch their pearls for getting caught.

      Only ones trying to “win at all costs” is the corrupt criminal defense bar.

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    2. And the state isn’t? Hahahahaha

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    3. 9:56 a.m., care to explain why the defense bar is the worst in DV case?

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  7. Great point about their relentless challenges under Brien advocating for convicted felons to possess firearms. Yea, that’s safe.

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    1. Actually an irrelevant point

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    2. Please send the citation for the Brien case, moron.

      I feel safer around my clients than around prosecutors that lie, steal and cheat, to make themselves feel better at night and win at all cost. The last thing you care about is public safety, so you don't fool me.

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    3. 7:04, dare you to drive around Florida City, Opa-Locka, Miami Gardens, or Overtown at 1am and see how much “safer” you feel ‘round your clients.

      Also, grammar police, Bruen autocorrects to Brien. Did you understand what the OP meant? Don’t be a dick.

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  8. 394 hmicides in Chicago so far this year. 7 of the top 10 cities for homicide deaths in world are loacated in Mexico. But don’t worry. Mexico has very strong gun control laws as does Illinois.

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  9. The fact that these ASAs or their trolls don’t have an intellectual understanding about and conflate a defense lawyer’s right to personally believe/advocate for gun control and their ethical duty to defend/advocate for a client facing a gun charge tells you all you need to know about these people. After all, these are the same “ethical” giants who fight tooth and nail before judge and jury to rationalize and justify their corrupt practices, Brady violations, etc.

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  10. It would be a great idea to educate the "writer" about Brazil before you continuing spewing nastiness and incorrect information about the country that you probably have never even visited! Philadelphia has a higher crime rate than most cities in Brazil.

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  11. Remember, now matter how useless or powerless the system is to protect you, it can still always punish you.

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  12. “I feel safer around my clients than around prosecutors that lie, steal and cheat, to make themselves feel better at night and win at all cost. The last thing you care about is public safety, so you don't fool me” My thoughts exactly

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  13. Hi everyone. I know a lot of times the state and the defense disagree on a lot of things. I also know there are many judges, civil and criminal, who read this blog. Healthy debate makes for healthy protection of all interests involved. However, I want to bring something to everyone’s express attention that has been alluded to in various comments and I do know troll farm is watching. Mr. Gosney has affirmatively told one of his followers on social media TODAY that it’s ok to unleash and post various things about the Miami State and Defense Bar. Gosney wrote “Hey Nik. Feel free to post whatever you want. I am good”. Nik Starow responded “The Viking has been unleashed.” I am writing this not to cause further division but to warn each of you that this guy is really no good and will continue to cause sick division in this community. I know that he has landed a job at a conservative all white male law firm but please those of you friends with Nicklaus warn him to guard his practice and himself. The way he is now trashing the SAO and criminal defense bar, he will trash them. The way he publicly trashed RJ Larizza when he was let go, he will trash them. The way he posts private work emails, he will do same to them. Please everyone, look out for each other. This is no Christian behavior that I have ever seen.

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    1. He’s on an unleashing spree, as he also posted this:

      “The book banners here thought I "unleashed my minions" on them .. ha! I told them to lay low ... well I now lift that prohibition.”

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    2. Why you trying to censor? Go to Facebook for that.

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  14. Whoa, that is crazy. This has to be a bar violation of some kind.

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  15. There should be a few more bar violations. All I see are cover ups.

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