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It kinda goes without saying you should not be shot dead in your own apartment.
One would think. But HEY - they found marajuana.
Quote:
Originally Posted by Ralph_Kirk
The point is, if the door opened unexpectedly, any normal person would think "WTF" and look up or look around or think some additional thought.
And a police officer certainly should have.
Now, I've lived in apartment buildings before. I've stayed in hotels and motels before. Yeah, I've gotten off on the wrong elevator, I've accidentally walked up to the wrong door. I understand being in a building where floors and doors are similar.
I the key doesn't work, I look up at the door number. If anything happens unexpectedly, I look up at the door number.
Who doesn't?
Who doesn't notice if something is different about the doorway? Seriously, who wouldn't notice--either by sight or by feel--a mat in front of the door?
There are hundreds of thousands of people working long shifts or full shifts and then part-time jobs coming home to apartments. They're not having this problem.
Absolutely. I can't tell you how many times I've done this while staying at a hotel even when staying there for weeks or more.
Amazingly, no one died as a result of my confusion.
(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; 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.
Wait, you did some personal editing there that changes the meaning.
The code actually says:
Quote:
(b) A person commits an offense if he:
Then you have to go to other sections to determine when "an offense" equals "murder" rather than some lesser charge.
In what alternate universe is it deemed acceptable to issue a search warrant upon the deceased victim of an admittedly unwarranted cop shooting?
To find anything they can to discredit the victim. Like, look at what we found, he's not so nice and innocence after all. They will do what ever they can to make the cop not look so bad in this one, and to find something on him to justify her actions.
Of course, I'm ignoring them. They're not relevant to the definition of murder.
There are four kinds of criminal homicide in Texas: murder, capital murder, manslaughter, and criminally negligent homicide. The existence of defenses like self-defense has nothing to do with whether a person's acts meet the definition any of those crimes.
Last edited by hbdwihdh378y9; 09-16-2018 at 12:24 PM..
(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; 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.
Right but that's only if you ignore the entire circumstance that led to the homicide. You can't ignore the circumstances that led to the homicide, namely that she entered the wrong apartment allegedly without intent or knowingly or awareness. That being the case she would only be criminally negligent which is considered criminally negligent homicide. You can't just isolate the part where she intentionally pulls the trigger.
To say she intentionally or knowingly murdered, prosecution would have to show she had a guilty mind and knew or intended she was in the wrong apartment and shooting someone who had the right to be there. But if she shot him thinking he was an intruder and she was in her apartment then she would be only negligent without intent or knowledge.
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