Texas: You find a boy in your daughter's bed, bang!

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Replies

  • samzheresamzhere Banned Posts: 10,923 Senior Member
    This topic is where I part ways with you Sam. IMO the father should be charged with murder and never be allowed to own a firearm ...EVER ...after a 50 yr prison sentence of course. This has absolutely nothing to do with "castle doctrine" but everything to do with piss poor judgement and acting on nothing but emotion.

    Well, a 50 year sentence would imply 1st degree murder (premeditated) which cannot be permitted unless we've got trumped up charges and total denial of the law. You can't just make up the law to suit your need for justice.

    If I were to assume the very worst case, such as the father caught the kid w. his daughter, did not feel threatened at all, and simply killed the kid because he was angry at the situation, the worst the law could do would be 2nd degree homicide (acting in a fit of passion, per English Common Law definitions). And in Texas, he'd likely walk if indicted and put on trial, because a jury of peers would sympathize with his stance, that he "saw the kid make a move" and consequently fired.

    I'm guessing that in the man's heart of hearts, he may have actually not felt threatened and fired in anger, not fear, which would definitely put the actions into a criminal basis and likely 2nd degree homicide.

    However, the police spokesman said that it didn't matter that the girl let the kid in or that he was her erstwhile boyfriend, because when asking the girl at the time, she denied knowing who it was. So... insofar as the father had info at the time of the shooting, the kid was an intruder and potential rapist of his 16yr old daughter.

    Those are the facts of the case, Pel, and you simply cannot assume prior intent or action in a fit of passion because the evidence doesn't support this premise. Yes the father MAY have intentionally shot the kid out of anger and not fear but there's simply zero evidence to bear this premise toward an indictment by grand jury. So the case will likely (we don't know for certain yet) be proffered by the police as justifiable homicide and the recommendation to the county prosecutor will therefore be to not charge the guy. And normally the county prosecutor rubber stamps police recommendation and then the grand jury will rubberstamp again.

    Human prejudices and human foibles also enter into this case, and the police and prosecutors don't operate in a vacuum, but function in the real world. To wit: All parties in this event are black -- the father, daughter, and dead boyfriend. This eliminates any social pressure on the law to take the case further.

    There have been anguished cries from the mother of the kid who was shot, but this also is understandable and typical. Most every time some young criminal thug gets shot by cops or maybe a homeowner, there's the mother weeping on TV, saying that her son was a good boy, even though the kid had a string of crimes and a thick rap sheet. Now in this case the kid wasn't a thug but the same sort of outcry from the family is sadly typical. There have also been some demonstrations from community activists but their pleas have fallen mainly on deaf ears, because the simple facts: A legal adult young man was very illegally in the home uninvited (as far as the father knew) and in bed with a legal child.

    Unfortunate? Sure. But a legal action in accordance with Texas law. Sorry, Pel, but your opinion can't be the basis for prosecution. There has to be a legal foundation for your wanting this father in prison for 50 years (first degree homicide) and the facts simply don't support your feelings.

    Outside of a dog, a book is a man’s best friend. Inside of a dog, it’s too dark to read. - Groucho Marx
  • DoctorWhoDoctorWho Senior Member Posts: 9,496 Senior Member
    Classic textbook meaning of mens rea, the lack thereof in the case of a father who apprehended a potentially dangerous move on the part of a young man, the other side of mens rea caught in actus reus and flagrant delicto.
    "There is some evil in all of us, Doctor, even you, the Valeyard is an amalgamation of the darker sides of your nature, somewhere between your twelfth and final incarnation, and I may say, you do not improve with age. Founding member of the G&A forum since 1996
  • samzheresamzhere Banned Posts: 10,923 Senior Member
    DoctorWho wrote: »
    Classic textbook meaning of mens rea, the lack thereof in the case of a father who apprehended a potentially dangerous move on the part of a young man, the other side of mens rea caught in actus reus and flagrant delicto.

    Doncha just love Latin catchphrases and similar folderoll? Makes us sound sooo elegant! ha ha

    Outside of a dog, a book is a man’s best friend. Inside of a dog, it’s too dark to read. - Groucho Marx
  • DoctorWhoDoctorWho Senior Member Posts: 9,496 Senior Member
    Dunno, just catching up on My legal Latin, as of late I have been unofficially working on a matter that has required re-reading lots of legal stuff and making up a brief that so far, has succeeded in avoiding a trial, I hope.
    "There is some evil in all of us, Doctor, even you, the Valeyard is an amalgamation of the darker sides of your nature, somewhere between your twelfth and final incarnation, and I may say, you do not improve with age. Founding member of the G&A forum since 1996
  • samzheresamzhere Banned Posts: 10,923 Senior Member
    I once spoke & read fairly decent German ("How's your German?" "He's fine! How's yours?"**) but nowadays I have to struggle with it for anything except the raw basics.

    For my classical singing, I picked up a smattering of Latin, Italian, and French. I faintly remember having a semi-conversational skill at French, which made the folks in Paris taverns a lot more friendly. Or maybe they were just laughing at how I butchered the language?

    Anyone who's learned a 2nd language but really didn't keep up on it, so it's a distantly located bundle of teeny memory cells in the brain now, can attest to the slightly annoying fact that the brain often "fires off" and words, phrases, and occasionally whole sentences just pop into the mind. Sometimes for me it's language lab junk, empty phrases with zero use.

    **Courtesy of the Goon Show.

    Outside of a dog, a book is a man’s best friend. Inside of a dog, it’s too dark to read. - Groucho Marx
  • DoctorWhoDoctorWho Senior Member Posts: 9,496 Senior Member
    I got along quite well in France, enjoyed it, the food and the people..... Charlmagne that is what they called Me in France...

    I still speak Spanish fluently and can manage a few other things and a smattering of Klingon drinking songs etc... :jester:

    I remember the Clint Eastwood movie: "Firefox" he had to also think in Russian so the computer would work off his brain wave patterns or some such thing, I can actually think in Spanish or English.
    "There is some evil in all of us, Doctor, even you, the Valeyard is an amalgamation of the darker sides of your nature, somewhere between your twelfth and final incarnation, and I may say, you do not improve with age. Founding member of the G&A forum since 1996
  • Jack BurtonJack Burton Member Posts: 379 Member
    samzhere wrote: »
    Doncha just love Latin catchphrases and similar folderoll? Makes us sound sooo elegant! ha ha
    Octorwho-day is art-smay :tooth:
    Came for the fishing, stayed for the guns.
  • samzheresamzhere Banned Posts: 10,923 Senior Member
    DoctorWho wrote: »
    I can actually think in Spanish or English.

    Spanish is undiscovered territory for me -- never had a need or desire to learn it.

    Italian is where my mind usually wanders these days, due to the larger number of Italian operas I sang in and the mostly Italian arias I learned for concert stuff. People who don't know that language tend to think it's all about sloppy and smooshy sounding phrases, but Italian is actually a very precise language, no silent letters, and dipthongs (two vowels together) being pronounced as 2 distinct syllables. Southern Italian is kinda slurry but the "correct" style comes from the north (Tuscany), where major writings like Dante's Inferno, which helped establish the Italian language (distinct from Latin).

    Just remembered how, when I was a kid and sang in a choir, my pals and I would irritate the choirmaster by alternating English and Latin words in a mass or whatever we were singing. The score would have both languages (we'd sometimes sing the Latin, sometimes the English) but we'd alternate each word and he'd of course hear us, click angrily with his baton on the stand and threaten to fine us.

    Outside of a dog, a book is a man’s best friend. Inside of a dog, it’s too dark to read. - Groucho Marx
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