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October 30, 2008 The defense of self-defensePosted: 02:36 PM ET
NEW YORK - This week we are covering the trial of Alejandro Ferrer in Florida. And his case raises the problem with the defense of self-defense. It only works in court if the jury believes the defendant's fears were reasonable and that he used reasonable force to defend himself.
Alejandro Ferrer in court with defense team Sounds good in theory but it often doesn't work in practice. Think about it: What is reasonable can vary from situation to situation, person to person. Remember Bernard Goetz, the subway vigilante here in New York? Most people thought his fear was reasonable when he shot four black teenagers late at night on the subway. But the experts agree that if a black man had shot a bunch of white kids, his fear would have been considered unreasonable by most Americans. A woman’s fear of her husband can also be hard to believe, especially in the context of an upstanding middle class family. The law should allow a jury to take into account years of abuse when deciding whether she acted reasonably and in self defense; but it doesn’t. In the Ferrer case, we have the classic man to man fight and it's easier to apply the law of -Jami Floyd, In Session anchor Filed under: Uncategorized |
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