Dixon v. United States:
The Supreme Court handed down a very interesting decision today on how to interpret a criminal law defense when Congress hasn't even said that the defense exists. I blogged all about it here.
markm (mail):
A woman claims she was under duress at a gun show - in the presence of hundreds of armed men who'd be eager to help her if she asked for it. If I was a juror, I doubt there's any burden of proof standard under which I'd believe that.
6.23.2006 1:56pm
Christopher Hasbrouck (mail):
Mark, based upon my study of the opposite sex, as an undergrad, I have observed certain females who are very needy, who simply need a boyfriend. The idea of walking away from 200 lbs (or whatever) of personal affirmation is very difficult for certain girls, unless they know for certain that they can fill that void with another male.

If the woman in question was the truly needy to the point of staying in a semi-hostile relationship type, there's no way she'd ask for help. She wouldn't be able to risk losing the affirmation of her boyfriend without someone in the magazine ready to chamber. She'd just sit there and take it.

Maybe she doesn't fit this demographic. Maybe women change after undergrad. But as a 20 year old male, that's one possible explanation for the duress.
6.23.2006 2:28pm
But . . . but . . . I don't understand. Being a judge is just like calling balls and strikes.
6.23.2006 3:22pm
anonyomousss (mail):
markm, victims in abusive relationships often don't leave, and feel they can't, for a variety of reasons (they think they have nowhere to go, they don't have any way to support themselves economically without the batterer, they're worried that the batterer will hunt them down and kill or severely injure them or their kids - sometimes batterers threaten to do exactly that, after all - etc.). it may not be rational, but its reality, and it doesnt excuse this kind of blaming the victim. how do you even know the men would help her, or even believe her?
6.23.2006 6:27pm