We have some bright people who comment on this blog.
Today's Post has a story about claims of spousal abuse being used to reduce murder to manslaughter. What do you think?I am not going to give my thoughts but I will tell a story.
I know a woman, bright, attractive, professional, who has been a friend for many years (but just a friend, we never had a "relationship"). When she was in her 30's she was divorced and living alone. She called me late one evening but the call was cut off. I was a little surprised but hardly thought of the matter -- the next day she said let's have lunch.
We met and she had a black eye. Her boyfriend was (and had been) beating her up for months. Now this was a woman who was not living with the guy, had money and was well educated. And despite my urgings she stayed with him another 4 or 5 months. (This is years ago and her life turned out pretty well -- at least from the outside -- since then).
So, partner abuse is not limited to people without options. Does that mean my friend had cause to kill her boyfriend? That's a rather different question.
During 21 years of practising matrimonial law, I've learned that no matter how convincing the story my client tells while sitting across the desk from me, the picture will change when I hear the other spouse's version of the same events. Sometimes the change will be slight, sometimes enormous. Occasionally I can hardly believe that both people are describing the same incidents.
That's why the legal maxim audi alteram partem, meaning "hear the other side," evolved centuries ago -- to caution judges and juries about the danger of reaching conclusions without having heard both sides of the story.
But when one spouse has murdered the other, as Teresa Pohchoo Craig of Kemptville, Ont., did to her husband Jack, the court gets to hear only one side of the story -- the murderer's. And when the murderer says she was an abused wife and therefore deserves leniency, what should we believe?
Ms. Craig's recent trial in Ottawa heard evidence that one night, while Jack slept under the influence of alcohol and marijuana, she put a pillow over his face and stabbed him repeatedly with a butcher knife. In a videotaped statement made to police later, she admitted they had not even been arguing that night. Rather, she said: "I hate him, that's why I kill him. Enough is enough. Get rid of him."
Full story here:
http://www.nationalpost.com/opinion/story.html?id=719006
4 comments:
It doesn't sound justified in this case. I'm not sure it's ever justified, except in self-defense.I pity the child involved. It's hard to know what toll years of verbal/emotional abuse can take on a person (of either sex) but it doesn't sound like this woman was out of options -- she'd left twice before.
The victim (at least, according to the accused) didn't sound like a nice guy but no one deserves his kind of end.
Tough situation all around I suppose.
As for your friend described in the preamble, I cannot imagine why she would stay in that relationship at all after the first strike. What on earth???
Anonymous,
Me too -- I was baffled but it taught me that sometimes emotional bonds (even very bad ones) can be as strong as any.
Well post traumatic stress has been used as a defence before hasn't it? Imagine living for years in your own home with someone who for any reason, at any moment can decide to beat you up. That person is also the person who is supposed to love you and is much larger than you are and you can't leave for financial reasons and children and because he has threatened to kill you if you do. This threat often comes true.
I dont know the details of this particular woman's case, but I think that PTSD is legitimate and probable in these scenarios and if it were a man, no one would question it.
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