Amber Guyger indicted for murder? Wow.

[iamntxhunter]

Someone needs to pay a price for a young man needlessly losing his life.

There will be and it will be by the person that took it not by "someone".

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[DFWPI]

I heard on the radio that the jury can decide on a lesser charge than murder.

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Only if it's in the charge. If its only murder, that's all they can go with....

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[Dusty Britches]

Sorry, I posted in error. Move along....

[mikemorvan]

I wish there was a pretty detailed t.v. recap of trial proceedings, with impartial legal commentary, i could watch in the evenings. It'd be interesting. There isn't, is there?

[Puggy625]

I wish there was a pretty detailed t.v. recap of trial proceedings, with impartial legal commentary, i could watch in the evenings. It'd be interesting. There isn't, is there?

Nope.

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[IkemanTX]

I don't know what charge fits but the murder charge still seems like an overreach to me. If murder is the jury's only option she could very well walk - that will be hard to prove by the letter of the law. I don't see how it could be "involuntary" manslaughter because she shot him on purpose. Maybe some other type of manslaughter. (?) Some have suggested negligent homicide but I think the max sentence for that is only 2-3 years which would cause a lot of outrage..

That was the biggest problem with the Casey Anthony trial. They went straight to murder 1 and couldn’t prove premeditation. These prosecutors need to get better at bringing the RIGHT charges, not the ones people hope for.


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[TeamAmerica]

That was the biggest problem with the Casey Anthony trial. They went straight to murder 1 and couldn’t prove premeditation. These prosecutors need to get better at bringing the RIGHT charges, not the ones people hope for.


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Murder has nothing to do with premeditation.

Involuntary manslaughter does not exist in texas. Only one flavor of manslaughter. And yes I understand that they could still convict her of a lesser crime. I don't believe it is all or nothing.

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[Dale Moser]

Murder has nothing to do with premeditation.

Involuntary manslaughter does not exist in texas. Only one flavor of manslaughter. And yes I understand that they could still convict her of a lesser crime. I don't believe it is all or nothing.

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Doesn’t murder 1 require proof of premeditation, or have I watched to much Law & Order?




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[LFD2037]

Doesn’t murder 1 require proof of premeditation?




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You're correct.
Team America, not so much.

[mikemorvan]

Found this on the interwebs. I assume it has some level of validity. And, yes, i know what happens when we assume. Anyway~

Overview of Texas First Degree Murder Laws

Texas does not officially use the term "first degree murder" which can sometimes be a little bit confusing. Instead, the equivalent in Texas is known as "capital murder," which is murder for which a perpetrator can get a sentence of capital punishment. To convict a defendant of capital murder, prosecutors must be able to prove beyond a reasonable doubt that:

The defendant intentionally and knowingly caused the death of another person;
The defendant intended to cause serious bodily injury and committed an act that was clearly dangerous to human life and this act caused the death of an individual; or
The defendant committed or attempted to commit a felony (other than manslaughter) and in performing that felony, committed an act that was clearly dangerous to human life and this act caused the death of an individual.
Texas First Degree Murder Laws: Overview

Below you will find key information on Texas first degree murder laws, penalties, and possible defenses. Remember, if you have been accused of taking another person’s life, it is strongly advised you have the best possible counsel to represent you in court.

Statutes

Texas Penal Code, Title 5, Chapter 19
Additional Criteria for Capital Murder in Texas

In addition to the above criteria, in order for the charge to be capital murder, as opposed to just "murder' in Texas, one of the following must apply:

The victim is a peace officer or fireman who was acting under lawful duty at the time of the crime;
The defendant intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat;
The defendant is paid to commit murder or pays someone else to commit murder;
The defendant commits the crime while trying to escape from a penal institution;
The defendant murders another person while in jail
The defendant murders more than one person
The defendant murders a child younger than six years of age
The defendant murders someone in retaliation for or on account of the service of a member of the judiciary
Possible Defenses

Lack of intent
Lack of knowledge
Insanity
Intoxication
Self-defense
NOTE: If none of the criteria are met for capital murder, the defendant may still be found guilty of a lesser murder charge.

See First Degree Murder Defenses to learn more.

Penalties

In Texas, first degree murder (or capital murder), carries a very serious and very heavy penalty. Since Texas is a state that allows capital punishment, it is possible to receive a death penalty sentence. Generally speaking, the sentence for a capital felony in Texas is either death or life in prison without the possibility of parole.

If the defendant is declared to be incapacitated (e.g. with a mental disability or is declared insane), then he/she will be spared from the death penalty. The minimum age in Texas to receive the death penalty is 17 years of age.

See First Degree Murder Penalties and Sentencing for more details.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

[mikemorvan]

More Legal Eagle stuff:

The Difference Between Manslaughter And Murder In Texas
Blog
When one person dies as a result of another person’s actions, that is always considered a homicide. However, there are various kinds of homicide, not all of which are illegal (i.e. self-defense), with varying degrees of repercussions.

Criminal homicide cases are divided into two different charges: murder and manslaughter.

To help you understand the difference in Texas, we’ve detailed each below:

Murder

Murder charges are further divided based on the severity and other circumstances surrounding the crime. While many states separate murder charges into first and second degree murder, Texas law makes a distinction between “capital murder” and “murder.”

In order to be charged with murder, the defendant must have knowingly and willingly caused the death of another person. The biggest distinguishing factor between murder and manslaughter involves the intent of the perpetrator. If the defendant intended to cause serious bodily harm or death, or intended to commit a felony other than manslaughter that resulted in death, he or she can be charged with murder.

The distinction between capital murder and murder is made when the killing was committed in a way that can result in capital punishment in Texas. Some of the criteria for capital murder include killing a police officer or firefighter, having been paid to commit murder, murdering someone in prison, or killing more than one person.

With regard to capital murder, obviously, the punishment can result in the execution of the defendant. A defendant who is convicted of capital murder could also be given life in prison without the possibility of parole. A murder charge without capital implications, on the other hand, is a first-degree felony which can result in anywhere from 5 to 99 years in prison and a fine of no more than $10,000.

Several defenses, such as insanity or a crime of passion defense, can result in lesser charges or penalties in murder cases.

Manslaughter

Many states have two different forms of manslaughter: voluntary and involuntary. Texas, however, combines these two charges into one and has enhanced penalties for certain aggravating factors.

To be convicted of manslaughter, a defendant must be proven beyond reasonable doubt to have recklessly caused the death of another person. As opposed to murder, intent does not need to be proven in order to convict someone of manslaughter.

While Texas does not distinguish between voluntary and involuntary manslaughter, it is the only state that has a specific crime known as “intoxication manslaughter,” which is reserved for when a death is caused by someone who was impaired by drugs or alcohol. This charge most often applies to impaired motorists. All manslaughter charges in Texas are second-degree felonies which carry prison sentences of 2 to 20 years and fines up to $10,000. Intoxication manslaughter may also result in minimum sentencing (meaning you must serve a certain period of time before being eligible for parole) and a mandatory 240-800 community services hours.

Both murder and manslaughter are extremely serious crimes in Texas. If you are convicted of these crimes, you could face major prison time and even death, which is why you need an experienced and committed criminal defense lawyer who knows the ins and outs of the Texas criminal justice system. If you are facing manslaughter, intoxication manslaughter, or murder, please call the Medlin Law Firm to discuss your options and what we can do to protect your rights and freedom.

[Dusty Britches]

Well, it will only take 1 juror to say no, it's not murder.

[TeamAmerica]

Doesn’t murder 1 require proof of premeditation, or have I watched to much Law & Order?




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In texas there is capital murder and murder. She is charged with murder.

And you can never watch too much law and order. Just remember that is new york!

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[TeamAmerica]

You're correct.

Team America, not so much.

False.

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[Dale Moser]

In texas there is capital murder and murder. She is charged with murder.

And you can never watch too much law and order. Just remember that is new york!

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Roger that, thanks.


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