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Thread: Judge Kavanaugh on Battered Women

  1. #1
    Under Protest excalibur's Avatar
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    Judge Kavanaugh on Battered Women

    Interesting, and you won't hear this on the MSM, or crazed leftist websites. I wonder why.


    ...

    Ineffective-assistance challenges, like many of the things thrown routinely at the wall by desperate criminal defendants, are often unsuccessful. And you might expect a conservative judge to be unsympathetic to a claim that a psychological “syndrome” was a defense to a crime like extortion. Judge David Sentelle, a long-time conservative member of the DC Circuit, dissented and would have affirmed the conviction again. But Judge Kavanaugh ruled in Nwoye’s favor.

    ...



    Judges face litigants all the time who are sympathetic or unsympathetic, and Nwoye could be seen either way – as a battered woman or a blackmailer. But what is more important to the outcome is that Judge Kavanaugh was empathetic, able to look at the duress defense both from the perspective of the battered woman’s fear of leaving and the perspective of jurors asking the common-sense question “why didn’t she leave?” His conclusion was that the jury would stand a better chance at seeing things from her point of view if they heard from an expert, and that a competent defense lawyer would have tried to help them do that.

    That’s the kind of judge Brett Kavanaugh is.



    https://www.nationalreview.com/corne...attered-women/

  2. #2
    #walkaway orangecat's Avatar
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    It doesn't make any difference to the wingers on the left. If trump nominated him, the party of No will oppose him.

  3. #3
    Dick with my Buzz...Try DebateDrone's Avatar
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    Quote Originally Posted by excalibur View Post
    Interesting, and you won't hear this on the MSM, or crazed leftist websites. I wonder why.


    ...

    Ineffective-assistance challenges, like many of the things thrown routinely at the wall by desperate criminal defendants, are often unsuccessful. And you might expect a conservative judge to be unsympathetic to a claim that a psychological “syndrome” was a defense to a crime like extortion. Judge David Sentelle, a long-time conservative member of the DC Circuit, dissented and would have affirmed the conviction again. But Judge Kavanaugh ruled in Nwoye’s favor.

    ...



    Judges face litigants all the time who are sympathetic or unsympathetic, and Nwoye could be seen either way – as a battered woman or a blackmailer. But what is more important to the outcome is that Judge Kavanaugh was empathetic, able to look at the duress defense both from the perspective of the battered woman’s fear of leaving and the perspective of jurors asking the common-sense question “why didn’t she leave?” His conclusion was that the jury would stand a better chance at seeing things from her point of view if they heard from an expert, and that a competent defense lawyer would have tried to help them do that.

    That’s the kind of judge Brett Kavanaugh is.



    https://www.nationalreview.com/corne...attered-women/
    The reason Judge Kavanaugh ruled in favor for the defendant is that he agreed with her claim that her defense did not offer up expert testimony on her claim of Battered Woman's Syndrome.

    The point hinged on expert testimony...not on whether the defendant was a battered woman.

    Battered women or Battered Women's Syndrome were irrelevant to Kavanaugh's ruling.
    Thanks from Friday13 and Ian Jeffrey

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