Battered women jailed for "letting" abuse happen

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Jacoby
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04 Oct 2014, 10:58 pm

androbot01 wrote:
Jacoby wrote:
What sticks out to me is the alleged calloused attitude she had towards the beating and her refusal to call 911, the killer was actually the one who ultimately ended up calling it. It is a tragedy and Ms. Lindley may of been a victim of abuse as as well but she failed in her duty to protect her child. She left her child to die at the hands of this guy and did nothing to stop it even when she left the house and he was no danger to her.


If you are going by the article you linked alone, I have to say that I found the style biased against the woman. It was mentioned that she has pressed charges against him for assaulting her, but there was no description of that. I hate to think of what he did to her considering what he is capable of.
I don't know that it can be assumed that her attitude is callous. I would need to know more about what she underwent before I could judge her.


FWIW that article is nearly 8 years old from the Dallas newspaper when it was first reported, my opinion is really immaterial as all of ours are since we don't have have access to all the evidence and witnesses that jurors did obviously but I'm guessing the reason she got 45 years is because of the way she was characterized here is how the prosecution saw it and ultimately the jurors saw it. Assuming that she left the house and refused to call 911 from a beating so savage that a neighbor overhead and confronted him while she left "to go shopping" with a friend is true, then I think she was negligent no matter how intimidated she was. The plight of a battered woman is tragic but they have a way out if they choose it, I understand the psychology behind them staying and the physical and mental power that their abuser can have over them but a battered child has no way out. It is a parent's responsibility to protect their child and leaving them to be victimized even when they themselves are as well makes them complicit in the death of this defenseless 3 year old child , it seems that if Lindley called 911 when she should of then this child would be alive today. Did she not call the police because she wasn't worried about her child, because she didn't want for her boyfriend to be arrested? Or are we to believe she legitimately fear for her life to the point that she left her 3 year old child in the care of a man she had just witness beat the kid and couldn't call 911 even when she had left the home and was no longer in physical danger? I guess we'll never know for sure what went through her mind. In my opinion someone that enables abuse and allows it to continue is culpable as well as the abuser, being a victim of abuse yourself doesn't absolve your responsibility to do the bare minimum to protect your child from what ultimately was a fatal beating and call 911. My mom works for CPS and its seems like cases like this are all too common, I think she would agree with my sentiment here but I will bring up this case the next time I talk to her.



androbot01
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04 Oct 2014, 11:03 pm

Your argument is compelling, but I still think the psychological element of her mental state is not being addressed. It is possible for people to become completely dissociative when confronted with the behaviour this man exhibits. I would like to know if that was an element here.



Jacoby
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04 Oct 2014, 11:34 pm

I have to imagine her mental status was explored in the trial, what else realistically could been her defense? I feel that Buzzfeed article is misleading in order to push its narrative of "victim blaming" of battered women since it leaves out the critical fact that Ms. Lindley essentially did nothing at all to stop this beating and left the child in the care of this monster while no point ever calling 911. Instead she went out shopping with a friend to get beauty supplies. Digging around more I found somewhere say that the reason she didn't call 911 was because she was afraid that CPS was going to remove her child for the home which is not acceptable defense of her actions and goes to show your what her frame of mind was. That child being removed from that home and away from danger is exactly what needed to happen.

I'm wondering now whether her friend was charged with something too, she witnessed the beating as well and went shopping with Ms. Lindley, what was her excuse?



androbot01
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04 Oct 2014, 11:39 pm

Jacoby wrote:
I feel that Buzzfeed article is misleading in order to push its narrative of "victim blaming" of battered women since it leaves out the critical fact that Ms. Lindley essentially did nothing at all to stop this beating and left the child in the care of this monster while no point ever calling 911.


I'm pretty sure they covered that.

... My bad. I was confusing the two articles.

But at any rate, I still disagree with you about her doing nothing as being necessarily inexcusable. In any case, you are probably right that they explored this in court.



Dox47
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08 Oct 2014, 2:42 am

http://www.economist.com/news/united-st ... _courtroom

Pretty good article laying out some of the problems of prosecutorial power I've been talking about, for those who are interested.


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LKL
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08 Oct 2014, 10:56 am

I know a public defender, and that guy works his ass off. He routinely puts in 20-40 hours more per week than a prosecutor (80-100 hours a week, I'm saying) and has a caseload 5 times as big. There have been times when he's had 3 potential-death-penalty cases at a time, on top of all of his other work. He knows his clients are not usually innocent; what he wants is not to 'get them off,' but to get a penalty that represents "justice" rather than societal revenge.



Jono
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08 Oct 2014, 11:17 am

LKL wrote:
I know a public defender, and that guy works his ass off. He routinely puts in 20-40 hours more per week than a prosecutor (80-100 hours a week, I'm saying) and has a caseload 5 times as big. There have been times when he's had 3 potential-death-penalty cases at a time, on top of all of his other work. He knows his clients are not usually innocent; what he wants is not to 'get them off,' but to get a penalty that represents "justice" rather than societal revenge.


The thing about public defenders though is that while they may work very hard, they have to deal with practically hundreds of clients at once and so often do not have time to dedicate themselves fully to one particular case. If on the other hand, you have enough money to afford your own attorney, then that lawyer can dedicate more of his time to your case and so could probably do better than what a public defender could do. So, it's as if the people with money end up getting a higher standard of justice than poor people without money.



LKL
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08 Oct 2014, 12:10 pm

Yes.



League_Girl
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08 Oct 2014, 1:33 pm

Sweetleaf wrote:
beneficii wrote:
http://www.buzzfeed.com/alexcampbell/how-the-law-turns-battered-women-into-criminals#1rfsp8g

Quote:
Domestic violence advocates say these cases signal a deep misunderstanding of what it means for women to be trapped in abusive relationships. Many such women fear alerting authorities, because doing so can provoke their partners to extreme violence. Moreover, authorities often fail to protect battered women and their children. Advocates also say that imprisoning these women serves little purpose and deprives any surviving children of their mother.

The laws against failing to prevent child abuse are written to cover both fathers and mothers. And, in fact, women perpetrate 34% of serious or fatal cases of physical abuse of children, according to the latest congressionally mandated national study of child abuse. But interviews and BuzzFeed News? analysis of cases show that fathers rarely face prosecution for failing to stop their partners from harming their children. Overwhelmingly, women bear the weight of these laws.


That is f***ing ridiculous, I mean ok if a woman with children is in an abusive relationship and say the father tries abusing the kids, well she'll just get her ass kicked too if she intervenes, same with when the fathers beating on the mom the child might be afraid to defend the mother because they don't want to get beat on. It really is a terrible situation and sadly the 'law' does little to really help these situations it seems and fail to really investigate the full picture of what is going on. At the same time though much of the time males are not taken seriously if in an abusive situation with a female like there is a myth females can't abuse males and that is false, I could see the same if say the dad was not the abusive one and the wife was abusive if she was hurting the kids then he might be afraid for his life to intervene, much like his kids would be afraid to intervene for him. Then of course if someone 'murders' their abuser they might get just a serious of sentence as someone who murders someone in cold blood....it really does not make sense to me. In my world people should get kudos for giving the abuser some of their own medicine or killing them.


And there is a myth that children can't abuse their parents so therefore parents can't be victim of domestic violence caused by their child. But yet it would be considered child abuse if the parent tries to kill their child or does and if they defend themselves against them. Children can be bigger than their mom or dad and can seriously hurt them too because they do get strong and become the size of an adult. Sadly there are no laws to protect families and parents from the abuse from their own child and sibling. Unless your kid was special needs or had a mental illness and they were abusing you, then you might get off with probation or get a light sentence because you suffered enough. :roll: But yet if your kid was normal and they were doing this, god forbid you defending yourself. Even children have gotten in trouble for killing their abusers and so have battered women.


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League_Girl
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08 Oct 2014, 2:03 pm

Wow, only a year for failing to protect your children. yay for Oregon. How I interpret this law, it is saying it's illegal to be in a abusive relationship when you have children. Yeah if only we all had the ability to see how the guy will turn out when you marry them or are with them long enough before they show their true colors.

I also see it as the same as children failing to protect their own sibling from the abuse because they fear the abuser as well and know they will get the same treatment as their sibling if they intervene. But when you are a parent, they don't see you as the victim like they would for your children.

I admit I am still bias about men failing to protect the child from the abuser because I see them just as bad and what is there to be afraid of while I know women can be just as abusive to a guy as a man can to a woman. But yet if you are a woman and fail to protect your kid from the abuser, you're the victim too because the man is stronger than you and can hurt you and you are helpless. Not a situation I hope to end up in.

I am hoping someday the laws would change to protect these women too.


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0_equals_true
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10 Oct 2014, 3:20 am

androbot01 wrote:
Your argument is compelling, but I still think the psychological element of her mental state is not being addressed. It is possible for people to become completely dissociative when confronted with the behaviour this man exhibits. I would like to know if that was an element here.


However you might say the of the murderer. The murderer may have been abused as a child, that doesn't make it right.

The point is some mental illness is normal. Mental illness it supposed be at least 1/4 of people.

The only thing that would invalidate the conviction, is if they completely were unable to comprehend wrong. As in not compus mentis.

So even if there was some mitigation, it would not invalidate guilt.

Sentencing is another matter, and there is no science to sentencing.



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10 Oct 2014, 3:30 am

League_Girl wrote:
Wow, only a year for failing to protect your children. yay for Oregon. How I interpret this law, it is saying it's illegal to be in a abusive relationship when you have children. Yeah if only we all had the ability to see how the guy will turn out when you marry them or are with them long enough before they show their true colors.


It places the responsibility on the individual. So it is the individual responsibility to protect the children whether in a relationship or not. There is no requirement to have foresight, simply if you are children are in danger to protect them lawfully.

Also this is imminent danger, and risk of death we are talking about.

League_Girl wrote:
I also see it as the same as children failing to protect their own sibling from the abuse because they fear the abuser as well and know they will get the same treatment as their sibling if they intervene. But when you are a parent, they don't see you as the victim like they would for your children.


Minors aren't expected to know how to handle these situations. As a parent you are legal responsible for looking after your children. Unless you hand over custody.

League_Girl wrote:
I admit I am still bias about men failing to protect the child from the abuser because I see them just as bad and what is there to be afraid of while I know women can be just as abusive to a guy as a man can to a woman. But yet if you are a woman and fail to protect your kid from the abuser, you're the victim too because the man is stronger than you and can hurt you and you are helpless. Not a situation I hope to end up in.

I am hoping someday the laws would change to protect these women too.


I'm not really sure which side you are advocating.



androbot01
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10 Oct 2014, 7:17 pm

0_equals_true wrote:
However you might say the of the murderer. The murderer may have been abused as a child, that doesn't make it right.

But that is in the past. The woman in this instance was undergoing abuse at the time of the crime. I think her culpability is marginalized because of this.



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10 Oct 2014, 9:13 pm

Dox47 wrote:
http://www.economist.com/news/united-states/21621799-how-prosecutors-came-dominate-criminal-justice-system-kings-courtroom?fsrc=scn/tw_ec/the_kings_of_the_courtroom

Pretty good article laying out some of the problems of prosecutorial power I've been talking about, for those who are interested.


This
Quote:
Another change that empowers prosecutors is the proliferation of incomprehensible new laws. This gives prosecutors more room for interpretation and encourages them to overcharge defendants in order to bully them into plea deals, says Harvey Silverglate, a defence lawyer. Since the financial crisis, says Alex Kozinski, a judge, prosecutors have been more tempted to pore over statutes looking for ways to stretch them so that this or that activity can be construed as illegal. ?That?s not how criminal law is supposed to work. It should be clear what is illegal,? he says.


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