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Judge criticised for sentence in domestic abuse case

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Chessmistress
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Postby Chessmistress » Tue Mar 28, 2017 1:23 pm

Neo Balka wrote:
Chessmistress wrote:
This is the only important point.

UK (and many other countries, too) just need a law like they have in Brazil:



http://www.bbc.com/news/world-latin-america-31810284

A law against femicide, by this way even dumb judges will understand that times are going to change.


What in the name of god is femicide?


https://en.wikipedia.org/wiki/Femicide

Femicide or feminicide is a sex-based hate crime term, broadly defined as the killing of women but definitions vary depending on the cultural context.[1] Feminist author Diana E. H. Russell is one of the early pioneers of the term, and she currently defines the word as "the killing of females by males because they are females". Other feminists place emphasis on the intention or purpose of the act being directed at females specifically because they are female; others include the killing of females by females.


Brazil has been the very first nation to extend the definition even to acts of violence motivated by contempt or discrimination against women.
OOC:
Radical Feminist, caring about the oppressed gender, that's why I have a strong sense of justice.

PRO:
Radical Feminism (proudly SWERF - moderately TERF),
Gender abolitionism,
birth control and population control,
affirmative ongoing VERBAL consent,
death penalty for rapists.

AGAINST:
patriarchy,
pornography,
heteronormativity,
domestic violence and femicide.


Favorite Quotes: http://www.nationstates.net/nation=ches ... /id=403173

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Bressen
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Postby Bressen » Tue Mar 28, 2017 1:24 pm

I can't seem to find the actual break down of the case online, so it seems pretty pointless to jump to assertions based on the pitiful amount of information we have from news reports (for example, we're given no hard evidence for the claim that he forced her to drink bleach or force-feed her pills). There are also far more factors that are likely to have been taken into account when considering the verdict, and to claim the judge based his verdict solely on the fact he believed she wasn't vulnerable is liable to be a misrepresentation of the case and it's content.
17 year old British college student.
Studying Law, Philosophy, Ethics and Psychology.
Libertarian minarchist.
"The only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others."
- J.S Mill

"It is difficult to free fools from the chains they revere."
- Voltaire

"My whole religion is this: do every duty, and expect no reward for it, either here or hereafter."
- Bertrand Russell

"Whenever you find yourself on the side of the majority, it is time to pause and reflect."
- Mark Twain

"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities."
- Ayn Rand

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USS Monitor
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Postby USS Monitor » Tue Mar 28, 2017 1:24 pm

Chessmistress wrote:
USS Monitor wrote:I don't think how many friends the victim has or how educated they are should affect criminal sentencing. It's still the same crime regardless of who it was committed against.


Yes, but also not.
While I'm sure that her status doesn't matter, and we agree about that, I also wish to highlight that this crime also clearly shows contempt against the woman just because she was a woman.
That's why a law specifically against femicide would be important.


I don't think it needs to be handled differently from if someone did this to a guy. This would still be an obvious problem regardless of the gender of the people involved.
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Des-Bal
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Postby Des-Bal » Tue Mar 28, 2017 1:24 pm

USS Monitor wrote:I don't think how many friends the victim has or how educated they are should affect criminal sentencing. It's still the same crime regardless of who it was committed against.


It's the same crime but under the law it is worse if the person is vulnerable.
Cekoviu wrote:DES-BAL: Introverted, blunt, focused, utilitarian. Hard to read; not verbose online or likely in real life. Places little emphasis on interpersonal relationships, particularly with online strangers for whom the investment would outweigh the returns.
Desired perception: Logical, intellectual
Public perception: Neutral-positive - blunt, cold, logical, skilled at debating
Mindset: Logos

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Neo Balka
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Postby Neo Balka » Tue Mar 28, 2017 1:25 pm

Chessmistress wrote:
Neo Balka wrote:
What in the name of god is femicide?


https://en.wikipedia.org/wiki/Femicide

Femicide or feminicide is a sex-based hate crime term, broadly defined as the killing of women but definitions vary depending on the cultural context.[1] Feminist author Diana E. H. Russell is one of the early pioneers of the term, and she currently defines the word as "the killing of females by males because they are females". Other feminists place emphasis on the intention or purpose of the act being directed at females specifically because they are female; others include the killing of females by females.


Brazil has been the very first nation to extend the definition even to acts of violence motivated by contempt or discrimination against women.


Well that is a retarded idea if you believe in equality.
The mere fact that i pissed someone off either means i stood for something or i said something offensive.
in this day and age it's both.
#garbagehumanbeing

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Bressen
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Postby Bressen » Tue Mar 28, 2017 1:26 pm

Chessmistress wrote:[...] I also wish to highlight that this crime also clearly shows contempt against the woman just because she was a woman.

There is no evidence for this claim.
17 year old British college student.
Studying Law, Philosophy, Ethics and Psychology.
Libertarian minarchist.
"The only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others."
- J.S Mill

"It is difficult to free fools from the chains they revere."
- Voltaire

"My whole religion is this: do every duty, and expect no reward for it, either here or hereafter."
- Bertrand Russell

"Whenever you find yourself on the side of the majority, it is time to pause and reflect."
- Mark Twain

"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities."
- Ayn Rand

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Des-Bal
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Postby Des-Bal » Tue Mar 28, 2017 1:27 pm

Neo Balka wrote:

What in the name of god is femicide?


Killing of a woman which is contrasted from Homicide which is killing of a human. The word and idea could have done with some workshopping.
Cekoviu wrote:DES-BAL: Introverted, blunt, focused, utilitarian. Hard to read; not verbose online or likely in real life. Places little emphasis on interpersonal relationships, particularly with online strangers for whom the investment would outweigh the returns.
Desired perception: Logical, intellectual
Public perception: Neutral-positive - blunt, cold, logical, skilled at debating
Mindset: Logos

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Neo Balka
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Postby Neo Balka » Tue Mar 28, 2017 1:28 pm

Des-Bal wrote:
Neo Balka wrote:

What in the name of god is femicide?


Killing of a woman which is contrasted from Homicide which is killing of a human. The word and idea could have done with some workshopping.


So its like killing a human...except its a woman?
So if i kill a man, its Manicide?
The mere fact that i pissed someone off either means i stood for something or i said something offensive.
in this day and age it's both.
#garbagehumanbeing

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New haven america
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Postby New haven america » Tue Mar 28, 2017 1:30 pm

Um... I'm pretty sure this falls into attempted murder territory.
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Bressen
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Postby Bressen » Tue Mar 28, 2017 1:30 pm

Neo Balka wrote:
Des-Bal wrote:
Killing of a woman which is contrasted from Homicide which is killing of a human. The word and idea could have done with some workshopping.


So its like killing a human...except its a woman?
So if i kill a man, its Manicide?

Androcide, technically.

Both of these -cides have defintions far too ambiguous to exist as separate laws to homicide, in my opinion. The only situation I can even think that they'd apply is in countries that have a clear preference to male fetuses over female fetuses (or vice versa), and thus choose to abort female fetuses on the basis that they are female.
17 year old British college student.
Studying Law, Philosophy, Ethics and Psychology.
Libertarian minarchist.
"The only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others."
- J.S Mill

"It is difficult to free fools from the chains they revere."
- Voltaire

"My whole religion is this: do every duty, and expect no reward for it, either here or hereafter."
- Bertrand Russell

"Whenever you find yourself on the side of the majority, it is time to pause and reflect."
- Mark Twain

"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities."
- Ayn Rand

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New haven america
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Posts: 44091
Founded: Oct 08, 2012
Left-Leaning College State

Postby New haven america » Tue Mar 28, 2017 1:31 pm

Neo Balka wrote:
Des-Bal wrote:
Killing of a woman which is contrasted from Homicide which is killing of a human. The word and idea could have done with some workshopping.


So its like killing a human...except its a woman?
So if i kill a man, its Manicide?

Androcide.

There's also: Fratricide (Borther), Patricide (Father), Matricide (Mother), and Sororicide (Sister).
Last edited by New haven america on Tue Mar 28, 2017 1:33 pm, edited 1 time in total.
Human of the male variety
Will accept TGs
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That's all folks~

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Bressen
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Postby Bressen » Tue Mar 28, 2017 1:31 pm

New haven america wrote:Um... I'm pretty sure this falls into attempted murder territory.

And you're sure of this on the basis that you read a news article that has a pitiful fraction of the court case and all the evidence (or lack-there-of) of the charges therein?
Last edited by Bressen on Tue Mar 28, 2017 1:32 pm, edited 2 times in total.
17 year old British college student.
Studying Law, Philosophy, Ethics and Psychology.
Libertarian minarchist.
"The only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others."
- J.S Mill

"It is difficult to free fools from the chains they revere."
- Voltaire

"My whole religion is this: do every duty, and expect no reward for it, either here or hereafter."
- Bertrand Russell

"Whenever you find yourself on the side of the majority, it is time to pause and reflect."
- Mark Twain

"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities."
- Ayn Rand

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Neo Balka
Minister
 
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Founded: Feb 07, 2017
Ex-Nation

Postby Neo Balka » Tue Mar 28, 2017 1:32 pm

Bressen wrote:
Neo Balka wrote:
So its like killing a human...except its a woman?
So if i kill a man, its Manicide?

Androcide, technically.

Both of these -cides have defintions far too ambiguous to exist as separate laws to homicide, in my opinion. The only situation I can even think that they'd apply is in countries that have a clear preference to male fetuses over female fetuses (or vice versa), and thus choose to abort female fetuses on the basis that they are female.


Why the fuck cant we have ONE clear cut term for Murder?

WHY?
The mere fact that i pissed someone off either means i stood for something or i said something offensive.
in this day and age it's both.
#garbagehumanbeing

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The Archregimancy
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Postby The Archregimancy » Tue Mar 28, 2017 1:32 pm

Chessmistress wrote:
Neo Balka wrote:
What in the name of god is femicide?


https://en.wikipedia.org/wiki/Femicide

Femicide or feminicide is a sex-based hate crime term, broadly defined as the killing of women but definitions vary depending on the cultural context.[1] Feminist author Diana E. H. Russell is one of the early pioneers of the term, and she currently defines the word as "the killing of females by males because they are females". Other feminists place emphasis on the intention or purpose of the act being directed at females specifically because they are female; others include the killing of females by females.


Brazil has been the very first nation to extend the definition even to acts of violence motivated by contempt or discrimination against women.


For what it's worth, literal femicide also forms the basis of plot of the science fiction short story 'The Screwfly Solution' by Raccoona Sheldon, aka James Tiptree, Jr., aka Alice Sheldon.

If you haven't read the story, Chessmistress, I think you might enjoy it. In case there's any doubt, I'm entirely sincere.

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Bressen
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Founded: Feb 15, 2017
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Postby Bressen » Tue Mar 28, 2017 1:34 pm

Neo Balka wrote:
Bressen wrote:Androcide, technically.

Both of these -cides have defintions far too ambiguous to exist as separate laws to homicide, in my opinion. The only situation I can even think that they'd apply is in countries that have a clear preference to male fetuses over female fetuses (or vice versa), and thus choose to abort female fetuses on the basis that they are female.


Why the fuck cant we have ONE clear cut term for Murder?

WHY?

Moreso, it's far easier for concepts such as femicide, androcide and any other discriminatory motivation for homicide to be aggravating factors (that is, factors that make the sentencing harsher) rather than separate laws altogether.
17 year old British college student.
Studying Law, Philosophy, Ethics and Psychology.
Libertarian minarchist.
"The only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others."
- J.S Mill

"It is difficult to free fools from the chains they revere."
- Voltaire

"My whole religion is this: do every duty, and expect no reward for it, either here or hereafter."
- Bertrand Russell

"Whenever you find yourself on the side of the majority, it is time to pause and reflect."
- Mark Twain

"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities."
- Ayn Rand

User avatar
Chessmistress
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Posts: 5269
Founded: Mar 16, 2015
Iron Fist Consumerists

Postby Chessmistress » Tue Mar 28, 2017 1:35 pm

Des-Bal wrote:
USS Monitor wrote:I don't think how many friends the victim has or how educated they are should affect criminal sentencing. It's still the same crime regardless of who it was committed against.


It's the same crime but under the law it is worse if the person is vulnerable.


Exactly.
That's the basis of the law against femicide: it's one of the very first laws officially recognizing that women are more vulnerable to some kinds of violence due the patriarchal structure of the society.
This is the basis for achieving full, substantive, true, equality.
OOC:
Radical Feminist, caring about the oppressed gender, that's why I have a strong sense of justice.

PRO:
Radical Feminism (proudly SWERF - moderately TERF),
Gender abolitionism,
birth control and population control,
affirmative ongoing VERBAL consent,
death penalty for rapists.

AGAINST:
patriarchy,
pornography,
heteronormativity,
domestic violence and femicide.


Favorite Quotes: http://www.nationstates.net/nation=ches ... /id=403173

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New haven america
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Left-Leaning College State

Postby New haven america » Tue Mar 28, 2017 1:36 pm

Bressen wrote:
New haven america wrote:Um... I'm pretty sure this falls into attempted murder territory.

And you're sure of this on the basis that you read a news article that has a pitiful fraction of the court case and all the evidence (or lack-there-of) of the charges therein?

He tried to force her to swallow bleach and medicine tablets in order to get her to kill herself, and then when she couldn't, proceeded to beat her with a bat.

Yeah, no, this is definitely attempted murder.
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New haven america
Post Czar
 
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Founded: Oct 08, 2012
Left-Leaning College State

Postby New haven america » Tue Mar 28, 2017 1:36 pm

Neo Balka wrote:
Bressen wrote:Androcide, technically.

Both of these -cides have defintions far too ambiguous to exist as separate laws to homicide, in my opinion. The only situation I can even think that they'd apply is in countries that have a clear preference to male fetuses over female fetuses (or vice versa), and thus choose to abort female fetuses on the basis that they are female.


Why the fuck cant we have ONE clear cut term for Murder?

WHY?

Because there are several types of murder.
Human of the male variety
Will accept TGs
Char/Axis 2024

That's all folks~

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Neo Balka
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Founded: Feb 07, 2017
Ex-Nation

Postby Neo Balka » Tue Mar 28, 2017 1:37 pm

Chessmistress wrote:
Des-Bal wrote:
It's the same crime but under the law it is worse if the person is vulnerable.


Exactly.
That's the basis of the law against femicide: it's one of the very first laws officially recognizing that women are more vulnerable to some kinds of violence due the patriarchal structure of the society.
This is the basis for achieving full, substantive, true, equality
.


[BIG MAN TYRONE LAUGHING FOR 20 EONS]
The mere fact that i pissed someone off either means i stood for something or i said something offensive.
in this day and age it's both.
#garbagehumanbeing

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Neo Balka
Minister
 
Posts: 3124
Founded: Feb 07, 2017
Ex-Nation

Postby Neo Balka » Tue Mar 28, 2017 1:38 pm

New haven america wrote:
Neo Balka wrote:
Why the fuck cant we have ONE clear cut term for Murder?

WHY?

Because there are several types of murder.


All result in the same thing.

Someone, man or woman or father or Mother....is know dead via premeditated or other means of murder.
The mere fact that i pissed someone off either means i stood for something or i said something offensive.
in this day and age it's both.
#garbagehumanbeing

User avatar
Bressen
Diplomat
 
Posts: 712
Founded: Feb 15, 2017
Ex-Nation

Postby Bressen » Tue Mar 28, 2017 1:38 pm

Chessmistress wrote:
Des-Bal wrote:
It's the same crime but under the law it is worse if the person is vulnerable.


Exactly.
That's the basis of the law against femicide: it's one of the very first laws officially recognizing that women are more vulnerable to some kinds of violence due the patriarchal structure of the society.
This is the basis for achieving full, substantive, true, equality.

The claim of a patriarchy is all conjecture with no objective evidence and should have absolutely no basis in the laws of a nation.

What's more, just because women may be more vulnerable to certain types of violence does not mean that when these certain types of violence are committed against them, they are committed on the basis that they are women and that factor alone.
17 year old British college student.
Studying Law, Philosophy, Ethics and Psychology.
Libertarian minarchist.
"The only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others."
- J.S Mill

"It is difficult to free fools from the chains they revere."
- Voltaire

"My whole religion is this: do every duty, and expect no reward for it, either here or hereafter."
- Bertrand Russell

"Whenever you find yourself on the side of the majority, it is time to pause and reflect."
- Mark Twain

"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities."
- Ayn Rand

User avatar
Chessmistress
Negotiator
 
Posts: 5269
Founded: Mar 16, 2015
Iron Fist Consumerists

Postby Chessmistress » Tue Mar 28, 2017 1:38 pm

The Archregimancy wrote:
Chessmistress wrote:
https://en.wikipedia.org/wiki/Femicide



Brazil has been the very first nation to extend the definition even to acts of violence motivated by contempt or discrimination against women.


For what it's worth, literal femicide also forms the basis of plot of the science fiction short story 'The Screwfly Solution' by Raccoona Sheldon, aka James Tiptree, Jr., aka Alice Sheldon.

If you haven't read the story, Chessmistress, I think you might enjoy it. In case there's any doubt, I'm entirely sincere.


I'm checking the name of the author, never heard before, it seems an old sci-fi author.
Thank you for the suggestion, I'll read it.
OOC:
Radical Feminist, caring about the oppressed gender, that's why I have a strong sense of justice.

PRO:
Radical Feminism (proudly SWERF - moderately TERF),
Gender abolitionism,
birth control and population control,
affirmative ongoing VERBAL consent,
death penalty for rapists.

AGAINST:
patriarchy,
pornography,
heteronormativity,
domestic violence and femicide.


Favorite Quotes: http://www.nationstates.net/nation=ches ... /id=403173

User avatar
Bressen
Diplomat
 
Posts: 712
Founded: Feb 15, 2017
Ex-Nation

Postby Bressen » Tue Mar 28, 2017 1:38 pm

New haven america wrote:
Neo Balka wrote:
Why the fuck cant we have ONE clear cut term for Murder?

WHY?

Because there are several types of murder.

Such as?
17 year old British college student.
Studying Law, Philosophy, Ethics and Psychology.
Libertarian minarchist.
"The only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others."
- J.S Mill

"It is difficult to free fools from the chains they revere."
- Voltaire

"My whole religion is this: do every duty, and expect no reward for it, either here or hereafter."
- Bertrand Russell

"Whenever you find yourself on the side of the majority, it is time to pause and reflect."
- Mark Twain

"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities."
- Ayn Rand

User avatar
New haven america
Post Czar
 
Posts: 44091
Founded: Oct 08, 2012
Left-Leaning College State

Postby New haven america » Tue Mar 28, 2017 1:38 pm

Chessmistress wrote:
Des-Bal wrote:
It's the same crime but under the law it is worse if the person is vulnerable.


Exactly.
That's the basis of the law against femicide: it's one of the very first laws officially recognizing that women are more vulnerable to some kinds of violence due the patriarchal structure of the society.
This is the basis for achieving full, substantive, true, equality.

And then in your perfect world, having women rule over men and dictate what societal role people should have, whether they like them or not.

Equality at it's finest.
Human of the male variety
Will accept TGs
Char/Axis 2024

That's all folks~

User avatar
New haven america
Post Czar
 
Posts: 44091
Founded: Oct 08, 2012
Left-Leaning College State

Postby New haven america » Tue Mar 28, 2017 1:39 pm

Bressen wrote:
New haven america wrote:Because there are several types of murder.

Such as?

Patricide (Father), Matricide (Mother), Fratricide (Brother), Sororicide (Sister), ect...

English is a fun language.
Human of the male variety
Will accept TGs
Char/Axis 2024

That's all folks~

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