235
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 24 Jul 2023
235 points (97.2% liked)
politics
19089 readers
1412 users here now
Welcome to the discussion of US Politics!
Rules:
- Post only links to articles, Title must fairly describe link contents. If your title differs from the site’s, it should only be to add context or be more descriptive. Do not post entire articles in the body or in the comments.
Links must be to the original source, not an aggregator like Google Amp, MSN, or Yahoo.
Example:
- Articles must be relevant to politics. Links must be to quality and original content. Articles should be worth reading. Clickbait, stub articles, and rehosted or stolen content are not allowed. Check your source for Reliability and Bias here.
- Be civil, No violations of TOS. It’s OK to say the subject of an article is behaving like a (pejorative, pejorative). It’s NOT OK to say another USER is (pejorative). Strong language is fine, just not directed at other members. Engage in good-faith and with respect! This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.
- No memes, trolling, or low-effort comments. Reposts, misinformation, off-topic, trolling, or offensive. Similarly, if you see posts along these lines, do not engage. Report them, block them, and live a happier life than they do. We see too many slapfights that boil down to "Mom! He's bugging me!" and "I'm not touching you!" Going forward, slapfights will result in removed comments and temp bans to cool off.
- Vote based on comment quality, not agreement. This community aims to foster discussion; please reward people for putting effort into articulating their viewpoint, even if you disagree with it.
- No hate speech, slurs, celebrating death, advocating violence, or abusive language. This will result in a ban. Usernames containing racist, or inappropriate slurs will be banned without warning
We ask that the users report any comment or post that violate the rules, to use critical thinking when reading, posting or commenting. Users that post off-topic spam, advocate violence, have multiple comments or posts removed, weaponize reports or violate the code of conduct will be banned.
All posts and comments will be reviewed on a case-by-case basis. This means that some content that violates the rules may be allowed, while other content that does not violate the rules may be removed. The moderators retain the right to remove any content and ban users.
That's all the rules!
Civic Links
• Congressional Awards Program
• Library of Congress Legislative Resources
• U.S. House of Representatives
Partnered Communities:
• News
founded 1 year ago
MODERATORS
That's in Illinois where a lot of what would constitute as manslaughter in other states gets grouped under second degree murder instead. So it depends a lot on the state.
You said it doesn't meet the "intent to kill" element. The Illinois first degree murder statute has an intent to kill element. He was not convicted of second degree murder which is a different charge.
I didn't say anything about intent to kill, I'm not the person you initially replied to. What I'm saying is that a murder charge in Illinois (or Florida) has nothing to do with Texas. Different states have different qualifications for murder vs manslaughter, in some states abortion is considered murder for example, so if you want to make an argument for why someone would or wouldn't be charged with murder for booby trapping in Texas you should use an example from Texas.
Sorry I didn't realize you weren't OP. But, I'm not sure whyyou're bringing up something irrelevant to the comment I was responding to. OP was talking about booby traps not meeting the "intent to kill" standard. I was providing a case where it met that standard.
Talking about the law in Texas isn't particularly beneficial anyway because there very likely isn't a booby trap case from Texas, these cases aren't particularly common (and based on my cursory research I haven't been able to find one). The Illinois case would be of use in a Texas case because it would be persuasive authority for Texas to interpret the law the same way. The equivalent to the Illinois first degree murder statue in Texas appears to be capital murder and second degree murder. Both have the intent requirement (Texas actually doesn't have something called first degree murder). So, if Texas follows Illinois's interpretation then one would similarly face murder charges in Texas.
Isn't this on federal property anyway as it's in the waterway? This would be felony murder if we're going down that route. Texas law would be moot.