Very interesting article from Berry Tramel and NewsOK.com regarding the Mixon case. Read it HERE.
Former Oklahoma state legislator, Mike Fair, with some intriguing comments on the DA’s decision:
“Back in the 1980 elections, I had already served four years in the state House of Representatives. A friend, Rep. Rebecca Hamilton, was elected that year and we served together on the House Criminal Justice Committee. Because of my experience as a lawmaker, Rebecca asked me to help her take gender out of Oklahoma criminal law.”
Also…
“If the person, Ms. Molitor, verbally assaulted Joe Mixon, she was guilty of assault. When she shoved him and slapped him, she was guilty of battery. For District Attorney Mashburn to make the case of ‘punching a girl’ as any different from her crime of pushing and slapping, shows an ignorance of the law. His filing a charge relating to an act resulting in gross injury, again incorrect. If Mr. Mixon had sat on this person and pounded her face, he might be guilty of such a charge. One return blow does not demonstrate any more than self-defense.”
I will say that I am completely against hitting a woman under any circumstances. I remember being a teenager and getting slapped a couple times in a row by a girl. I just walked off. But still thought this was interesting because Fair is speaking on the intent of the law and the law should be independent of the public’s opinions about a particular case. My personal opinions about it, shouldn’t influence how this plays out legally for Mixon or Molitor.
20 Comments
Playing devil’s advocate: I would disagree with his definition of self-defense. From a legal standpoint, the number of punches is not a determinative factor for gauging the reasonableness of the force used. He also ignores the other elements for self-defense.
I don’t disagree. But I think his primary point and probably the one he should have limited himself to was that whatever the law is and whatever the elements are…it should be gender blind. And the DA’s statement seemed to run contrary to that notion.
I concur.
At some point I would like to see, even if its stating the obvious, what guidelines have been set in his time on campus, as far as ‘going out’ on the town is. Also, did this Molitor chick stay enrolled at OU?
What elements were ignored, that Joe included that would make this not be self defense?
Here is a hint, punching too hard is not a violation.
I think this entire situation was determined by some sort of white knight justice. I actually asked a few lawyer friends and read up on it a bit (not enough to get a law degree) and from my understanding, this is flagrant misuse of the law. From all accounts and from what was reported by NPD and the DA, he was assaulted first. Should that not be case closed? He hit her once. Most of the time this is reactionary. Fight or Flight is generally not something one is 100% conscious of doing. Spike in adrenaline coupled with his already above average strength, I don’t think it is fair to say he “over reacted”. I would do what I could to avoid hitting a woman, but if one punched me, my reaction before invoking any thought maybe to fight back.
For all the fighting for equal rights and feminism movements going on, it shocks me that so many women are claiming him to be some evil beast when he just reacted to an assault on him first.
I find it appalling that she received no charges when there was a laundry list they could have tagged her with.
Brainpimp, sorry bud, you’re wrong. The reasonableness of the force used is a primary element of the legal standard for self-defense.
Go back and check your reasonableness of force. If he had used a weapon you would have a case. IF he got on top of her and repeated punched her you would have a case. A single punch is reasonable, especially when it was in response to a “shove” and a slap/hit. There is precedence on this in the hundreds. He was responding. She came back for a second go. Wait till they get to show she was on a felony deferred sentence for use and distribution of Hydrocodone. And multiple other drugs.
What was she hopped up on that night?
Where were her charges for assault and battery of him? If he gets charged she has to if you apply the law fairly. They didn’t want to charge her because she would have been looking at prison time.
I believe you mean “precedent.” I did not want to do this…but I guess I
have to. If you had gone to law school, like myself, you would know
that the use of non-deadly force for the purposes of defending yourself
requires (i) threat of imminent danger of unlawful bodily harm, (ii) the
use of such force must be necessary to avoid the harm, and (iii) the
force used must be reasonable. I would contend that Mixon’s self-defense
claim fails on all three elements, but the reasonableness of the force
is not even questionable. Stop counting punches…that’s not the legal
standard. The element rests upon this question: Was it reasonably
necessary for Mixon to throw a haymaker to avoid harm (I guess another
slap) from a small female. No, no it was not. So, you are still wrong.
However, I am sure you will continue to push your faux legal argument
upon all of us.
Lawyered.
Also, your red herring regarding her drug charges has nothing to do with Mixon and self-defense.
I agree!!! I don’t think Joe is totally innocent but law is law!!! Why does she walk away without any charge at all?
Playing devil’s advocate here, if joe’s not innocent, what is he guilty of?
Realize, if she gets found guilty of assault and battery and or public drunk, you are probably sending her to jail for probation violation.
Not taking the side of who’s right or wrong, wasn’t there and haven’t seen the video, but I do agree that the law was not applied properly bringing gender into the equation. We are all equal under the law and that’s how it should be applied.
Agreed, and I’ll say it again. It’s gender bias & a possible case for the ACLU. A question…would Joe have to file charges or would it be the state?
I’m not a lawyer but I think if Joe want’s to take things farther, it’s probably on him.
Surely these 2 penalties offset! 🙂
Replay the down.
This was the point I had tried to make with several white knight posters on another board. If you choose to walk away after someone slaps you, good for you, that’s a moral decision not a legal one. What Joe did was not illegal in OK. This was a twisted version of the justice system.
Wrong again…
Unfortunately legislative intent is rarely taken into account in US jurisprudence.