Domestic Violence and Responses

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State Sta te Vs. Vs. Gordon QL D AU S(2005) (2005)

Jaymie Gagen was 16 and was dating Matthew Gordon, a 17 year old alcoholic. They were married when they were 18 and that's when the abuse began. He constantly told her how worthless she was and frequently beat be at her. One night Matthew, kicked, scratched and slapped Jaymie until she lost consciousness. consciou sness. Lying in a pool of her own o wn  blood, she awoke to Matthew yelling and kicking her telling Jayme he'd kill her and their 4 month old daughter Jacqueline. When Matthew returned home that night intoxicated, he started beating Jaymie again, she ran to his truck, got one of his guns and hid from him  behind a tree. Matthew ran inside and returned with baby Jacqueline. He held the baby, holding a knife to her throat and threatening to kill her if Jaymie didn't come back inside. Jaymie shot Matthew. He died instantly. Your job to decide what happens ha ppens to Jaymie. I affirm, Resolved: It is morally permissible for victims to use deadly force as a deliberate delib erate response to repeated domestic violence. For clarity, I offer the following definitions: Domestic violence: (Black's Law Dictionary, 7th Edition) assault or other violent

act committed by one member of a household against another. Physical P hysical force unlawfully exercised with the intent to harm. Taken together with the word “repeated” we w e see that the resolution pertains to cases in which violent abuse has become a consistent pattern of behavior. Deadly Force: (Black's Law Dictionary, 7th Edition) Violent action known k nown to

create a substantial risk of causing death or serious bodily b odily harm Deliberate: (Merriam Webster Dictionary) characterized by awareness of the

consequences.

 

That said, I would like to draw out ou t attention to the wording of the resolution, in which it is stated “in a response to” which rules out any assumptions of premeditation as it is a response.. The Th e Stanford encyclopedia of philosophy defines morality as a descriptive word which refers “to some codes of conduct put forward by a society.” society.” Since morality fundamentally dictates the interaction between human beings within a society, the value standard of this round should be Justice, defined as giving each his due, since giving people what they deserve is an

fundamentally good goal for any moral doctrine seeking to govern human interaction. In order to achieve justice, I offer the criterion of the prevention of further violence Contenti Conte nti on 1: M in imi zing violence violence is just

As a general rule, hardly anyone would disagree that violence is bad. Practically any  philosopher, be it John Stuart Mill, John Locke, or Immanuel Kant, has some form of moral doctrine which proves that violence is a bad thing. Thus, the reduction of something inherently  bad (like violence) is the most fundamental way to pursue the value of giving each his due. Though there are certainly other components compon ents to achieving perfect justice, reduction of the fundamental evil of violence is the single most important task which trumps all other criteria of  justice. In other words, before we can even begin to consider other criteria of a just society such as gender equality or freedom of speech, we must first minimize violence. Contention 2: Vi olence is min imi zed thr ough se self lf - def def ense nse,, and h ence the v victi icti m' s use use of deadly deadly f orce.

Critical to this point is the understanding of the severity of domestic violence. According to the American Medical Association, injuries sustained from domestic violence account for 25-35%of visits, by women to emergency rooms annually. Vi olence Again st W omen, omen, V ol. 6, N o. 5, p. 534, 534, M ay 200 2000 0

The psychological trauma caused by b y a pattern of battering is also significant:

 

According to the report The Health Care Providers Role in Domestic Violence “Battering is the single most frequent reason why women seek attention at hospital at hospital emergency department” department” H oward oward H oltz and Kat  hleen hleen Furniss, “The Health Care Providers Role in Domestic

Violence, “Trends in H ealth Care, Law & Eth ics ics,, Vol. 8, No.2, S Spri pri ng 1993, p.47 p.47..

Furthermore, it must be understood that killing an abusive abu sive husband doesn’t just eliminate violence for the battered woman, but also benefits the children. According to Legal Director Barbara Hart in her work wo rk "Children of Domestic Violence: Risks and Remedies": Over half of all battering husbands husband s also batter their children.”   children.” Thus, it is clear that using deadly force in cases of repeated domestic violence reduces v violence iolence  by ending the torture of the victim and preventing violence to others. Contention 3: D eadly for ce is the only practi cal method method of self -de -defens fense ea and nd mi ni mizin g of viol ence for domes domesti c abuse victi ms

One needs to look no further than Jaymie's story: Matthew, and other people who repeatedly beat their spouses, CAN kill them with their bare hands. According to the Bureau of Justice Statistics, S tatistics, 30% of all female homicide victims are murdered by intimate partners (i.e. ex or current boyfriends and husbands). Furthermore, simply leaving the abusive husband is by no means an easy option for several reasons. First, in the vast majority of cases, the victim of abuse is financially unsupported. According to the U.S. Department of Justice: 50% of homeless women and children are fleeing abuse. Second, escape from domestic violence is hindered hin dered by the development of Battered Wife Syndrome, a widely acknowledged psychological condition. As described in the landmark case

 

State v. Kelly, cycles of repeated domestic violence create in women a psychological condition of learned helplessness, in which they begin to view the abuser as an almighty and inescapable  power. It should be emphasized that this is not just a form of insanity, but a recognized disorder which develops in a large percentage of abused women. 97 N.J. 178, 478 A.2d 364. 364. Supr Supr eme Cour t of N ew Jerse Jersey. y. S STA TA TE of N ew Jersey Jerse y v. v. Gladys KE L L Y. Jul y 24, 1984.

Finally, according to the same source it’s actually actuall y far m more ore dangerous to leave than to stay as women who flee their abusers have a 75% higher risk than those who stay. A truly frightening statistic in which it was found that: More than 17% of domestic homicide victims had a protection order against the  perpetrator at the time of the killing. Florida Governor’s Task Force on Domestic and Sexual Violence, Florida Mortality Review Pr ojec oj ect, t, 1997, p. 46

It boils down to simple logic - if someone is willing to risk years in jail for murdering or severely  beating a spouse, is a piece of paper really going to hold them back? Where the government cannot intervene to prevent violence, it is up to the victims.

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