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In Texas, Murder is when a defendant: (1) intentionally or knowingly causes the death of an individual; or (2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or (3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual. If found guilty, in the sentencing part of the trial a defendant can argue that: she caused the death under the immediate influence of sudden passion arising from an adequate cause (i.e., cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection) If a jury finds that its more likely than not a sudden passion murder, it's punished as a 2nd Degree Felony (2-20 years). Otherwise, it's sentenced as a First Degree Felony (5-99 years) Mr. Nice! posted:They did not mention the degree, so I'm assuming that gets determined later. First degree murder has a sentence range of 5-99 years. Capital murder has life sentence to death penalty. It is possible for the state to pursue capital murder because one of the predicates is committing a murder in the process of a burglary. Based upon my non-texas lawyer reading of the burglary statute, she did indeed commit a capital murder. Stravag posted:I really hope they covered their bases and had a bunch of white people on the jury so it doesnt get overturned because of racial bias or some other contrived horeshit
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Oct 1, 2019 23:23
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Bored As gently caress posted:(maybe a try for an appeal without a KEY witness?), I'm not sure how he was a KEY witness. [e: He testified that he had heard Jean singing gospel in the past and that there was a noise complaint the day of Jean's murder. (1. It's easy to hear people at the apartments, 2. People in the apartments are sensitive to noise. Therefore, Guyger's story that she was shouting at Jean is B.S.) Certainly helpful, (and perhaps more importantly, a smooth way to sneak in some positive character evidence for Jean) but not really key] An appeal is not a new trial. An appeal is an argument that something went legally wrong during the trial. Because the appeal is an argument that something went legally wrong with the original trial, the subject of the appeal is the content of the original trial itself. Believing that a witness is KEY does not change the fundamental nature of what appeals are. Appeals rest on the evidence and testimony presented at the trial. There will be no additions or subtractions to/from the trial testimony for the appeal. Much to the apoplexy of some, it looks like the judge did a good job of following the law. A successful appeal (particularly of the verdict) is going to be unlikely. Assuming for purpose of explanation that Guyger wins her appeal and gets a new trial, Joshua Brown's testimony doesn't just disappear because he died; it has a literal and legal separate existence as part of the record of the original trial. Because he's unavailable to testify, his previous testimony was under oath, and Guyger('s attorney) was able to cross examine him, his entire testimony would be read to the new jury. (And they wouldn't have to see him testifying in a murder trial in a frikkin' DragonballZ t-shirt) joat mon fucked around with this message at 14:23 on Oct 6, 2019 |
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Oct 6, 2019 13:13
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45 ACP CURES NAZIS posted:The whole thing where the judge asked the jury to consider castle doctrine was to try and prevent the defense from trying to appeal That's a backwards and deeply cynical way to put it. Applying the law to the evidence presented at trial required the judge to give that instruction. That is, it would be legally wrong for the judge not to give the instruction. Appeals are to correct things that go legally wrong in a trial. If Guyger lost, the failure to give the instruction would be a great basis for appeal, and an honest court would be hard pressed to not reverse the verdict and send the case back for a new trial. Give the jury the information the law requires them to have and they give you result you don't like? Tough poo poo, you're trying to appeal the facts the jury found during their deliberations. You lose. Don't give the jury the information the law requires them to have and they give you result you don't like? Congratulations, you've got a fantastic appeal issue, because the jury was given bad legal instructions on how they have analyze the facts to make their decision. Their premises are flawed which makes their factual decisions legally flawed. Maybe it accidentally was the right result, but the accused still gets a new trial where the jury will get the instructions they're required to get, to apply to the facts they've heard and seen. Ironically, the same folks whinging about the judge giving the instruction would be the exact same folks whinging about an appeals court sending the case back for a new trial if the judge had pandered to them and not given the instruction.
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Oct 6, 2019 18:31
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colachute posted:So the fact that he’s basically the Pablo Escobar of the weed world (which is how they’d probably spin it) doesn’t discredit his testimony? What you quoted doesn’t seem to take any *~*he was no angel*~* character flaws into account. No it doesn't discredit his testimony, nor is it going to have the slightest effect on her appeal. On appeal it'd be the defense's fault for not investigating the witness better. And an ineffective assistance of counsel claim would totally fail. (in part because the dude was not a key witness) Character evidence is [generally] not admissible unless it goes to a person's character for honesty or truthfulness. (using, buying or selling drugs isn't a truthfulness issue) Even at trial, a suspicion or feeling or accusation that he'd bought or sold weed would not be admissible. It would be admissible if it was a felony conviction, or if he had charges pending with the same DA's office, but not otherwise.
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Oct 8, 2019 19:28
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UP THE BUM NO BABY posted:And don't forget he was going to be involved in the civil suit, as well
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Oct 12, 2019 16:53
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A Bad Poster posted:Or becoming a cop is akin to jury duty. Your number gets pulled out of a hat, you have to be a cop for a year. Increase the pay so it's something people would actually not mind doing, and provide them free training. Grem posted:Policing by sortition sounds pretty legit, though. I like the idea, too. I expect most good faith ACABs will get a bit of reality perspective that they lack, and a good chunk of the bad faith ACABs will out themselves as temporarily embarrassed authoritarians.
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Oct 17, 2019 19:08
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colachute posted:Imagine what the world would be like if cops were the type of people to default to “psst... psst... hey man, that’s against the rules, please fix the situation” rather than “STOP RESISTING!!!!” for small petty poo poo like that. Some of them are, you just never hear about it. One evening when Darwin was on his coffee break: Dumb and Dumber are divvying up some marijuana outside a business and another customer sees what they're doing. The guy just tells them they need to take that stuff away from there. Dumb and Dumber start swearing at the guy and threatening him. The guy's an off-duty cop and isn't threatened, he just tells Dumb and Dumber that he's a cop and they need to get that stuff out of there. Dumb and Dumber tell him he's a lyin' a$$ bit©# and continue to threaten him. The cop shows them his badge, and tells Dumb and Dumber again to leave; Dumb and Dumber get in their car and start to pull away. Dumb pulls out a pistol, hangs out the window and points it at the cop. The cop pulls out his gun and points it at Dumb; Dumb gets back in the car and cowers on the floorboard. Dumber takes the gun, stops the car, and walks up to the cop, pointing the pistol at the cop. The cop shoots Dumber. Twice. Dumber lives. Dumb and Dumber pick up charges for the feloniously pointing and the drugs. Dumb and Dumber don't have records, so they're only looking at 2-20 years, maximum. They didn't want their plea bargain, so they're going to trial, where they get maxed out. But they aren't dead.
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Nov 19, 2019 18:07
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hobbesmaster posted:Is this a Chappelle “when keeping it real goes wrong” skit? It seemed more like an "Oh, that's bad/No, that's good" skit when I first read the police report, but it sounds like it would have been right at home on Chappelle's Show.
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Nov 19, 2019 21:46
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Proud Christian Mom posted:the bravest post It's a riff on Cole's bizarro Rumsfeld post that kicked off the last 3 pages of stupid.
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Dec 12, 2019 02:01
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Melthir posted:Being a sea pig is not a bad gig. https://www.youtube.com/watch?v=_y4DbZivHCY
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Dec 20, 2019 01:05
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SmallpoxJenkins posted:I would love to see the reasoning as to why they felt it necessary to apply this to retired cops. House Judiciary Committee Report on the legislation posted:LEAA argues that this legislation will ``allow tens of thousands of additionally equipped, trained and certified law enforcement officers to continually serve and protect our communities regardless of jurisdiction or duty status at no cost to taxpayers.'' FOP contends that this legislation will help its members to protect citizens in the wake of a terrorist attack and that it is even more necessary since September 11, 2001.
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Dec 26, 2019 22:54
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mlmp08 posted:Well, it obviously depends on the individual. That guy didn't get the 'cop' deal, he got the 'rich' deal which is even better. The problem is that cop justice and rich justice simply isn't available to anyone else. The problem isn't that somebody got that deal, it's that the only person who can get that deal is the person whose parents can throw $200k at a police department in an unsuccessful attempt to get him a job, and move him from Sarasota to Malibu and put him in a program of 18 months of treatment, and be rich enough to have your behavior be described as "artistic and edgy" instead of the drugged up, gunned up and Columbined up that anyone else in the same situation would be described as. I agree that society would be far better served by ensuring that regular people get the same justice that cops and the rich get, rather than ensuring that cops and the rich get the same loving by the system as everyone else does. On the other hand, the ruling class and their police aren't going to do poo poo to move toward that kind of justice unless it benefits them - which won't happen so long as they never have to experience the consequences of their system.
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Dec 31, 2019 21:04
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mlmp08 posted:Nah it bad. And says bad things about us. The simultaneous holding of 'cops [killing people] bad' and 'if I feel you should be killed' views also says a bit.
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Jan 10, 2020 17:36
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45 ACP CURES NAZIS posted:there is literally no difference between executing a mass murderer and a cop killing an innocent person While risk of death to more than one person is one possible aggravating factor for the death penalty, nobody who knows anything about it calls that mass murder. You don't have to be a 'mass murderer' to get the death penalty. (You don't even have to be guilty) The requirement for some rando to feel someone should die for [reasons] is even less.
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Jan 10, 2020 18:32
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Stravag posted:criteria for applying the death penalty
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Jan 10, 2020 19:52
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Viva Miriya posted:Death is bad, let's give them a living hell instead. Got it. That said sure, let's totally put worthless shitbags to use advancing science. Rapists and murderers and pedos and all those WONDERFUL people that y'know deserve death.
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Jan 11, 2020 00:20
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Viva Miriya posted:It'll work w the precogs from minority report And all cops would be Tom Cruise! Searches will really suck though. It'll take two years and 200k to clear a room.
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Jan 11, 2020 00:39
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Mr. Nice! posted:Crack, generally speaking, has harsher penalties than powder cocaine despite the fact that a gram of crack necessarily has less active drug than a gram of powder. Oklahoma of all places just got rid of their 6:1 crack/powder trafficking weight disparity and set both at the old weight for powder (28g) The feds have made their disparity less, going from 100:1 to about 20:1 in 2010.
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Jan 28, 2020 14:22
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Kawasaki Nun posted:Those are sentencing graphs, not seizure graphs. Read the article. Some AUSAs are exploiting the (how can it be constitutional?) flexiblity of the sentencing guidelines in a pretty clearly racist manner.
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Jan 28, 2020 19:52
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SpaceSDoorGunner posted:A rare cop I didn't think they would eat my face. But he'd use every letter of the law against you and 100% still deport you.
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Feb 16, 2020 14:07
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Alastor_the_Stylish posted:They charged him with first degree for responding to a violent situation on his front porch? First degree is when you make a plan and execute it. I'm sure FL has a 'malice aforethought can be formed in an instant' case. e: It also carries either death or life in prison without the possibility of release, which makes it a very effective plea bargaining tool. joat mon fucked around with this message at 13:56 on Apr 18, 2020 |
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Apr 18, 2020 13:48
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PookBear posted:trying to change our judicial system by becoming a cop is like trying to change our foreign policy by enlisting as infantry Trying to change our judicial system by becoming a DA is like trying to change foreign policy by commissioning as a Reaper pilot. The 'good' quotient of DAs is about the same as for cops. There are just a lot more cops, who by their numbers take a lot more shots on the 'bad' goal. joat mon fucked around with this message at 19:41 on May 27, 2020 |
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May 27, 2020 19:37
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PookBear posted:a DA gets to decide what cases to prosecute and thus have actual control ...within certain limits. Cops also get to decide what cases to arrest on, within certain limits. The elected DA of an area can do that until the next election. An appointed DA of an area can do that until removed or their appointment expires. The assistant DAs of those one-termers can do that until they're fired by the new DA. There are good cops and there are good DAs and they try to do good work. Sometimes they succeed. There is nothing inherent in either the person or the position of a DA that makes them good or allows them to stay in a position to do good.
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May 27, 2020 20:09
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SpaceSDoorGunner posted:Or yeah make it conditional on following federal training standards and transparency. This is a really good idea.
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May 31, 2020 00:55
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A good cop story. Tuesday the courthouse had just reopened and the sheriff's department was stretched thinner than usual, having been tasked with crowd control, check-ins and COVID-19 screening. Over lunch a family had tried to tell a relative who was living in an abandoned trailer on their land to move, after several previous incidents. He's an aggressive, angry and unmedicated paranoid schizophrenic. When screaming and yelling didn't work, he threatened his relatives with a hunting knife he had dummy-corded around his neck, and they called 911. A deputy headed out, saw it was more than a one- person job and called for another deputy, and the sheriff headed over. After getting the family members who were all screaming at each other separated and settled down, the sheriff got the facts of what had happened. He then tells the guy with the knife that he had to arrest him for threatening his brother with a knife. Although the knife had been hanging around his neck, guy grabs the knife and starts coming toward the sheriff, threatening him with the knife. Sheriff pulls his pistol and a standoff ensues, with guy screaming and not letting go of the knife and sheriff calmly talking, calling him by name, trying to calm him down. The deputy's tazer is broken, sheriff gave his to a different deputy on patrol, so sheriff checks to see if his undersheriff has one. He does, and comes over and shoots the guy with his tazer. Sheriff cuts the knife's dummy cord, cuffs the guy, takes him to the hospital to take out the tazer probes and then to jail. Sheriff recommends assault with a dangerous weapon (not the harsher crime of assault with a deadly) for threatening his brother. However, he does not recommend charging him with assault on a cop or assault on a cop with a dangerous weapon, just misdemeanor resisting arrest. This is just one story. He's the best LEO I've worked with for going on 25 years. He's also facing a contested election, with a 'D' after his name, in Trump country.
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May 31, 2020 04:37
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Mr. Nice! posted:His head hurts after his horse charged him into a traffic light. Poor Snuffles, thought of Black Lives and killed its master.
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Jun 9, 2020 00:01
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Wasabi the J posted:Yes it's what the CIA did to Noriega too. Nope, Army. If only you'd joined a little earlier... A partial playlist:   
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Jun 22, 2020 23:46
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Doc Hawkins posted:On the one hand it'd be weird to have separate courts for them, but on the other at least you wouldn't have DAs that depend on police cooperation being expected to prosecute them. But your DAs _would_ work for the convening authority - in this example, the police chief.
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Jun 23, 2020 21:08
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MonkeyFit posted:When did [removal of bread and water punishment under UCMJ] happen? I'm pretty sure I saw it in there during my time in. Though it did specify that it was under the care and observation of medical personnel. 2016
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Jun 29, 2020 00:08
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Godholio posted:Give us a hot take on cadaver dogs next. That's harder, because the cops know people might finally notice that the emperor has no clothes when they fake dog search car after car but never find a body.
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Jul 8, 2020 04:34
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Phobophilia posted:Soooo, you guys prob have a bit more experience in this regard, assuming that you even *can* reduce police funding so it can be diverted to more effective social programs... Excellent username/post combo.
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Jul 24, 2020 03:09
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MonkeyWash posted:Not sure if it's the incident you are thinking of since there are so many but I know an incident like that happened in Wichita But found immune to criminal charges and civil suits because of 'stand your ground' In somebody else's house. After the man who threatened suicide with a gun was already arrested outside the house. After your partner had already found the gun where the arrested man said it was. Already knowing there was a dog. With four children as your backstop. For a 'welfare check' of the children.
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Aug 7, 2020 02:49
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Godholio posted:Killed in custody? Think of it like a police report; a soupcon of fact in a sea of narrative.
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Sep 3, 2020 18:57
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Liquid Communism posted:The fix is in. Louisville closing the federal court house next week in advance of putting out the decision that it was totally cool and good that cops staged a no-knock on the wrong address and magdumped blindly, killing Breonna Taylor in her bed. How is the fix in? The (fed) GSA thought they should close the fed buildings in town in expectation of protests after the State of Kentucky makes its announcement on whether state charges will be filed.
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Sep 18, 2020 21:36
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ruddiger posted:Some kid found a gun and decided to shoot at some empty bottles up by the train lines in Chicago. The cops sent to respond to the shot spotter were so focused on looking for someone to shoot that they didn’t see the train that killed them. Sort of, ish? (This one is from 2018, was there another one that wasn't published?) Chicago Tribune posted:Edward Brown, 24, of Chicago, was charged with aggravated unlawful use of a weapon and reckless discharge of a firearm.
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Jul 27, 2021 19:48
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SMEGMA_MAIL posted:Where is the “he injured a cop so bad they had to go to the hospital” detail coming from? A spokesman for the Miami Beach Police Department said the officer who was allegedly struck by the scooter has been released from the hospital with a brace and will need crutches.
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Aug 4, 2021 19:56
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Jul 15, 2023 04:23
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goatsestretchgoals posted:eh it was actually nice to hear from the SA pig crew (who are literally the kind of cops we want), but the cspammers chased them off The cspamming was coming from inside the GiP
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Jul 26, 2023 01:13
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Here's the report itself, all 600+ pages of it
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Jan 19, 2024 02:00
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piL posted:Isn't that just a pasta of air-force-intel-officer.txt? Ish? In the same sense that License to Kill is a pasta of Goldfinger, maybe.
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Jan 21, 2024 18:53
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