In recent years, jurisprudence has placed violent attacks, within marriage-like relationships, including those that result in death, in the context of historical abuse, of the attacker spouse, by the spouse attacked, leading to the attack being judged significantly more leniently.
As the ostensible pandemic response made particularly apparent, we live in an abusive system.
Moreover, we can recognise how the existence of a criminal element, within society, strengthens the system, by generating fear and pushing us to accept the machinery of state in the role of protector. Also, the creation of criminals and (potential) victims can be seen as yet another application of the divide and conquer strategy.
It is highly unlikely that we each suffer systemic abuse to an equal extent, but no effort to establish the level of accumulated, insidious, abuse, sustained by the accused, informs the judgement. This, surely, amounts to a denial of true justice.
It is proposed that it is impractical to deliver justice within an unjust social system