• MareOfNights@discuss.tchncs.de
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    11 days ago

    This article seems very one-sided.

    This petition wants to extend existing laws, to not only include nonviolent offenses, but anything except murder.

    As far as I can see, this would authorize courts to vacate the conviction (make as if it never happened).

    Now I am no lawyer, so I might be wrong here.

    But if I’m right, this seems kinda unhinged, considering self defense exists.

    Like if someone is posing a threat, you are allowed to defend yourself, but chopping body parts off in their sleep is not an OK response to abuse.

    If I’m misunderstanding something please enlighten me. But this seems to greenlight revenge.

    • gAlienLifeform@lemmy.worldOP
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      11 days ago

      You should read the article, the first two paragraphs are all about how the law currently doesn’t allow domestic violence survivors to argue self defense in some cases. The proposed law isn’t any kind of blanket get out of jail free card for people, it’s just saying they ought to be able to present evidence of their abuse when they’re charged with violent crimes against their abuser and let a jury/judge do what they will with that.

      • MareOfNights@discuss.tchncs.de
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        11 days ago

        The first paragraphs referred to a specific case, in which the defendant told her brother about the abuse and then the brother murdered the abuser. About 38 years ago.

        She was not allowed to talk about the years of abuse during trial, as that was not relevant to the case.

        I haven’t read the case, but I’m just gonna assume that the threats her husband made were relevant.

        If the law is just about histories of abuse becoming admissible evidence, I don’t really see a problem with the bill.

    • wizbiz@lemmy.blahaj.zone
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      11 days ago

      Abusers often kill their victims when they try to leave and often will hunt them down. Sometimes this is the only way to escape. Nobody should be punished for killing their abuser.

      • i_dont_want_to@lemmy.blahaj.zone
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        11 days ago

        I almost didn’t make it, myself. You can do everything “right” and still get murdered. A piece of paper will not stop someone sufficiently motivated.

        And of course, if you suffer mentally because of the abuse, it’s used against you in court to show how “unstable” you are, and that you are just exaggerating about the danger you’re in.

      • MareOfNights@discuss.tchncs.de
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        11 days ago

        Wtf are you on about? There are so many steps before you have to resort to murder. If you have exhausted them, you should be able to claim self defense.

        If you just straight up murder someone, yes, you should be prosecuted.