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re: No Murder Charge for Robber Who Allegedly Shot Clerk Dead
Posted on 12/2/22 at 7:25 pm to AggieHank86
Posted on 12/2/22 at 7:25 pm to AggieHank86
quote:quote:
In what state (or country) is self-defense referred to as "murder"?
In some states, the crime is defined as “murder,“quote:
In what states is self-defense referred to as "the crime"?
quote:I'm sure your communication skills are outstanding.
I know that my communication skills are far better than you seem to be pretending.
Use them!
In what states is self-defense referred to as "the crime"?
2
Posted on 12/2/22 at 7:37 pm to NC_Tigah
quote:It isn’t. The KILLING is the offense. The MOTIVATION (self-defense) is the justification, which precludes a conviction for that offense, if applicable.
in what states is self-defense referred to as "the crime"?
As an example, the “murder“ in Texas is the offense. “Self-defense“ is an affirmative defense/justification. The two issues are not the same.
Why are you not grasping this, because you are not an idiot?
I think that you are just wrapped-up in the lay definitions of these terms, to such an extent that you are totally unable to put them out of your mind and look at the legal definitions.
You seem to have it in your head that the KILLING is “self-defense.“ That is a very layperson way of looking at it. It is not consistent with the legal definitions of any of this.
This post was edited on 12/2/22 at 7:50 pm
Posted on 12/2/22 at 7:48 pm to NC_Tigah
Think of it as a flow chart.
The first decision point in the flow chart is the question “did the defendant violate section 19.02?“
If the answer is “no,” go to subroutine “No convection.” if the answer is “yes,” go to next decision point.
The second decision point is the following question: “Were the actions justified because the defendant was defending himself under. Chapter 9?“
If “yes,” again, go to subroutine “no conviction.“
Otherwise, go to subroutine “conviction.“
The first decision point in the flow chart is the question “did the defendant violate section 19.02?“
If the answer is “no,” go to subroutine “No convection.” if the answer is “yes,” go to next decision point.
The second decision point is the following question: “Were the actions justified because the defendant was defending himself under. Chapter 9?“
If “yes,” again, go to subroutine “no conviction.“
Otherwise, go to subroutine “conviction.“
Posted on 12/2/22 at 7:53 pm to AggieHank86
quote:Right.quote:It isn’t.
in what states is self-defense referred to as "the crime"?
Self-defense isn’t referred to as "the crime," nor is it ever referred to as "murder"
Those terms actually presume or respond to an ACTUAL crime.
It is something I am sensitive to given the extent or prosecutorial misconduct in this country.
Posted on 12/2/22 at 7:56 pm to AggieHank86
quote:I have no problem with a flow chart using the a premise of "guilty until proven innocent."
Think of it as a flow chart.
Posted on 12/2/22 at 8:12 pm to NC_Tigah
quote:This is getting tiresome.
Self-defense isn’t referred to as "the crime," nor is it ever referred to as "murder"
I never said that “self-defense“ is a crime. I can’t figure out where you got this ridiculous notion. But you seem to have gotten it into your head that “self-defense“ is the actual killing. It is not.
The offense is the killing, regardless of whether you call it murder or first- degree homicide.
“Self defense“ is a justification for having committed the offense, separate and apart from the act of committing the killing.
“Self-defense“ is not the killing. It is the justification FOR the killing, which works to preclude conviction.
This post was edited on 12/2/22 at 8:13 pm
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