General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAbout that Texas prostitute shooting verdict? The jury correctly applied Texas's law.
http://law.onecle.com/texas/penal/9.41.00.htmllawful possession of land or tangible, movable property is
justified in using force against another when and to the degree the
actor reasonably believes the force is immediately necessary to
prevent or terminate the other's trespass on the land or unlawful
interference with the property.
(b) A person unlawfully dispossessed of land or tangible,
movable property by another is justified in using force against the
other when and to the degree the actor reasonably believes the force
is immediately necessary to reenter the land or recover the
property if the actor uses the force immediately or in fresh pursuit
after the dispossession and:
(1) the actor reasonably believes the other had no
claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using
force, threat, or fraud against the actor.
http://law.onecle.com/texas/penal/9.42.00.html
justified in using deadly force against another to protect land or
tangible, movable property:
(1) if he would be justified in using force against the
other under Section 9.41; and
(2) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime from escaping with the
property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or
recovered by any other means; or
(B) the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.
Under Texas law, you're allowed to kill someone if they steal from you.
Even Saudi Arabia limits it to the cutting off of someone's hand.
This is why we don't let Texans carry their guns up here in NY--they don't value human life the way we do.
Ilsa
(61,698 posts)Was the $150 paid to the escort for escort services? Did she go somewhere as his escort? What was the transaction verbally determined to be?
I think the law for this case is stupid. He tried to engage her in an illegal practice. Did he try to rape her? Is it okay to rape a "thief"?
She messed up and was paralyzed, then died. He's getting off too easy.
geek tragedy
(68,868 posts)Under Texas law, her life was worth less than $150.
BlueJazz
(25,348 posts)Hell, we are trying, here in Florida, to make it a felony for Texans to even visit here. We have enough dumb asses already.
I'm kidding...I'm kidding..
redqueen
(115,103 posts)Yeah, we "dumb asses" down here are all the same.
geek tragedy
(68,868 posts)to kill people over petty theft.
Texas law, as drafted by its elected representatives, was intentionally and explicitly crafted to encourage people to shoot each other over property. At some level, that reflects the values of a majority of Texans. There are always progressive, enlightened exceptions such as yourself, but it is not by accident this law exists in Rick Perry's gun-loving, Medicaid-hating Texas.