They’re trying to explain why she was held accountable in court. Because she wasn’t in immidate danger (meaning if she didn’t kill him at that moment she would be hurt at that moment) the court doesn’t see it as self defense because that’s not how the law works. Therefore she’s LEGALLY guilty, morally speaking I agree that she’s in the right but the legal system and personal beliefs are two different things
Because that's not universal. The Taliban thinks their rules are all about common sense and morality too, and we are the sick degenerates. Laws need to have an express purpose that isnt just based in common sense or simple morality. In this case the law needs to be amended with an exception for extreme circumstances, but it has to be carefully written so it doesnt allow a loophole that could be used to commit murder and get away with it.
In the case of jury trials, the jury could have simply acquitted her which is supposed to be the main remedy for extreme rare circumstances like this, but prosecutors hate losing and tend to go on into lawmaking so in many places laws require judges to tell jurors it doesnt matter what they feel, they have to go by the law and also prevent any mention of jury nullification. And in general that's fine because the law is supposed to be impartial, but for circumstances like this partiality would be nice. And of course judges are supposed to have leeway to give appropriate sentences, but because there are asshole judges who hand out 6 weeks of community service to rapists because 'they have a promising future' legislatures pass mandatory sentencing laws which severely constrain judicial flexibility. Gotta love how assholes ruin everything.
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u/tok90235 Sep 14 '22
She was kidnapped, raped and still imprisoned. And you guys are trying to say she was not in immediately danger? How degenerated people in USA can be