Botham Shem Jean case:Newly elected Dallas DA says ‘appropriate charge’ for Amber Guyger is murder

[bourgeoisie tall freak]

Can someone confirm that this is true in the jurisdiction she'll be tried? I know it's not true of all jurisdictions.

Sure why not a little mental exercise on this fine humpday.

Texas Code 19
Sec. 19.02. MURDER.
(b) A person commits an offense if he:

(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual;​

Sec. 19.04. MANSLAUGHTER.
(a) A person commits an offense if he recklessly causes the death of an individual.

PENAL CODE CHAPTER 19. CRIMINAL HOMICIDE


As shown above, murder is intentionally/knowingly causing death or seriously injury resulting in death. manslaughter is recklessly causing death. This satisfies the "less culpable mental state" element to make manslaughter a lesser included offense that a jury can choose as outlined below.

Texas Code of Criminal Procedure 37

Art. 37.08. CONVICTION OF LESSER INCLUDED OFFENSE. In a prosecution for an offense with lesser included offenses, the jury may find the defendant not guilty of the greater offense, but guilty of any lesser included offense.
Art. 37.09. LESSER INCLUDED OFFENSE. An offense is a lesser included offense if:
(3) it differs from the offense charged only in the respect that a less culpable mental state suffices to establish its commission;
​

CODE OF CRIMINAL PROCEDURE CHAPTER 37. THE VERDICT

​

 

[R.E.N. Spells Ren]

Sure why not a little mental exercise on this fine humpday.

Texas Code 19
Sec. 19.02. MURDER.
(b) A person commits an offense if he:

(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual;​

Sec. 19.04. MANSLAUGHTER.
(a) A person commits an offense if he recklessly causes the death of an individual.

PENAL CODE CHAPTER 19. CRIMINAL HOMICIDE


As shown above, murder is intentionally/knowingly causing death or seriously injury resulting in death. manslaughter is recklessly causing death. This satisfies the "less culpable mental state" element to make manslaughter a lesser included offense that a jury can choose as outlined below.

Texas Code of Criminal Procedure 37

Art. 37.08. CONVICTION OF LESSER INCLUDED OFFENSE. In a prosecution for an offense with lesser included offenses, the jury may find the defendant not guilty of the greater offense, but guilty of any lesser included offense.
Art. 37.09. LESSER INCLUDED OFFENSE. An offense is a lesser included offense if:
(3) it differs from the offense charged only in the respect that a less culpable mental state suffices to establish its commission;
​

CODE OF CRIMINAL PROCEDURE CHAPTER 37. THE VERDICT

​

Thanks breh. Murder charge is a no brainer. No excuse for the hesitation here.

 

[bourgeoisie tall freak]

Thanks breh. Murder charge is a no brainer. No excuse for the hesitation here.

i agree

 

[G-Zeus]

even if he wants murder 1.. cant she still go down for second degree?

i thought if first cant be proved, you still have to prove second degree didnt occur.

 

[Problematic Pat]

I was looking for someone to say this... i don’t want to get too conspiracy theorist on this but

... being that murder is probably the hardest charge to prove , is the intent to have her walk altogether and say “a jury of her peers didn’t believe that was her intent”?

The best charge for something like this unfortunately is manslaughter or negligent homicide when dealing with a cop. They will always protect them.

as soon as we realize life ain’t fair and never will be the sooner we will start maneuvering better in there little web and gain the advantage.

Wasn't so hard to convict the Black cop in Louisiana. And he didn't know that kid was even in the car but still convicted him.

 

[Benjamin Sisko]

Wasn't so hard to convict the Black cop in Louisiana. And he didn't know that kid was even in the car but still convicted him.

Both of them are still in jail, even when they were shot at. Smh.

 

[Rarely-Wrong Liggins]

Will a Texas jury charge a white female police officer with murder in the death of a black male? That's what it ultimately comes down to. If you had a jury of legal scholars then you could definitely push for a murder charge but a jury of laymen in red Texas.........I don't know brehs. This shyt has been framed as a case of mistaken apartment that had an unfortunate outcome by the media. I mean, they can go for it if they wish but it's going to be a hard sell to get a Texas jury to put a 20 something white female former police officer behind bars for a considerable amount of time on a murder charge for this case. I mean, she did murder him but can you convince 12 people to agree?

 

[youreWelcomeBk]

Will a Texas jury charge a white female police officer with murder in the death of a black male? That's what it ultimately comes down to. If you had a jury of legal scholars then you could definitely push for a murder charge but a jury of laymen in red Texas.........I don't know brehs. This shyt has been framed as a case of mistaken apartment that had an unfortunate outcome by the media. I mean, they can go for it if they wish but it's going to be a hard sell to get a Texas jury to put a 20 something white female former police officer behind bars for a considerable amount of time on a murder charge for this case. I mean, she did murder him but can you convince 12 people to agree?

Wasn't so hard to convict the Black cop in Louisiana. And he didn't know that kid was even in the car but still convicted him.

Both of them are still in jail, even when they were shot at. Smh.

Unfortunately that’s just what it is. What @Rarely-Wrong Liggins was saying is exactly what I’m talking about. The brother will not get justice because she is white and being judged by her white republican peers. This is their system designed for them and it always works for them unfortunately. shyt ain’t right at all but in order to get any type of punishment in their system is to play their game. These nikkas will never play fair and life will never be fair for anyone that ain’t white in amerikkka

 

[CHICAGO]

No, don't do the Zimmerman thing, again.

She can get away with not wanting to do it. Too much has to be proven for her to go down.

WILL YOU nikkaS STOP SAYING THIS
MISINFORMED COWARDLY NEGRO shyt?

On Saturday, July 13, 2013, the day after deliberations began, the jury returned a verdict of not guilty for both second-degree murder and the lesser included charge of manslaughter

​

 

[levitate]

Split the vote though...

Oh and Malcolm X quotes too....



As if a republican would say/do this...

 

[CHICAGO]

Going for murder is a very poor and risky strategy. You have to prove to 12 jurors beyond a reasonable doubt that she had intent to murder a black man in her mind that night. It's easier to prove she was negligent resulting in the death of the victim but intent, you're not going to win at trial on that charge, not with the defendant being a police officer. Manslaughter convictions should, however, have harsher sentences applied.

MORE MISINFORMED NEGRO BABBLE.

THESE CACS GOT YOU nikkaS CONFUSED
ON HOW shyt WORKS.

YOU CHARGE HIGH
AND GIVE THE JURY THE OPTION
TO CONVICT ON A LESSER CHARGE.

CAC COP JASON VAN DYKE WAS CHARGED WITH 1ST DEGREE MURDER
BUT THE JURY CONVICTED HIM ON 2ND DEGREE MURDER.



​

 

[Dorian Breh]

Lotta armchair lawyers in here be safe tho

 

[the cac mamba]

Will a Texas jury charge a white female police officer with murder in the death of a black male? That's what it ultimately comes down to. If you had a jury of legal scholars then you could definitely push for a murder charge but a jury of laymen in red Texas.........I don't know brehs. This shyt has been framed as a case of mistaken apartment that had an unfortunate outcome by the media. I mean, they can go for it if they wish but it's going to be a hard sell to get a Texas jury to put a 20 something white female former police officer behind bars for a considerable amount of time on a murder charge for this case. I mean, she did murder him but can you convince 12 people to agree?

this is why if we're being realistic, i really don't like the murder charge here

go for manslaughter, theres no doubt shes guilty of accidentally causing his death....if they overcharge and "cant prove intent" and she walks, would be a fukking travesty

 

[☑︎#VoteDemocrat]

She confessed to shooting him on purpose. There is no other appropriate charge. Her intent was to shoot to kill. It was not accidental.

well duh, if she legitimately thuoght she was in her own apartment, that makes sense

She was reckless, thus manslaughter.

 

[☑︎#VoteDemocrat]

Why would she beat a murder charge exactly?

Intent means that the she shot with the intent of kill (which she did).
There is clearly intent here.

Manslaughter implies accidental death, like if she bumped into him and he happened to fall down the stairs and break his neck. That's manslaughter.

In what world is pointing a gun at someone and pulling the trigger and accidental killing?

They wont get first degree (premediation), but they should be able to get 2nd degree (intent)

Her defense is thinking she was in the wrong apartment.

So if you THINK you're in the wrong apartment and recklessly kill someone under the perception of self defense, thats manslaughter

Murder is her basically hunting down randoms in their apartments

Intent matters.