Assignments

Discussion

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Discussion

Amber Guyger was guilty of Botham Jean’s murder and was sentenced to 99 years of prison. She explained that she misunderstood Jeans’ apartment with that of her and as she entered the apartment, Jean moved towards her. She had no motive to shoot Jean but the succession of events made her do that in defense. Her social media activities and chats with fellow officers provide proofs of racist remarks and felonious tendencies for example “No one ever thanks me for having the patience not to kill them CITATION Eli18 \l 1033 (Elizabeth Wiley, 2018)”. In her 911 call recording, she informed about incident but did not perform CPR using first aid kit, she had in her back-pack. The shooting cannot be justified because it is clearly dangerous to human life which falls under second-degree murder or manslaughter according to Texas criminal law.

Her explanation that she believed she was in her own house is not justifiable, because this assertion was a mistake. “ Lack of intent can be qualified as a defense ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"2IJxNm2F","properties":{"formattedCitation":"(\\uc0\\u8220{}Texas Second Degree Murder Laws,\\uc0\\u8221{} n.d.)","plainCitation":"(“Texas Second Degree Murder Laws,” n.d.)","noteIndex":0},"citationItems":[{"id":66,"uris":["http://zotero.org/users/local/5OlhLovK/items/5RA5CHBN"],"uri":["http://zotero.org/users/local/5OlhLovK/items/5RA5CHBN"],"itemData":{"id":66,"type":"webpage","title":"Texas Second Degree Murder Laws","container-title":"Findlaw","abstract":"Learn more about Texas second degree murder laws, homicide, wrongful death, and other legal issues at FindLaw.com.","URL":"https://statelaws.findlaw.com/texas-law/texas-second-degree-murder-laws.html","language":"en-US","accessed":{"date-parts":[["2019",10,25]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (“Texas Second Degree Murder Laws,” n.d.)” but the action carries a felonious nature, if justified for a person in uniform, will consequently result in many other incidents like that.

The sentence is justified when complemented with her social media records, text messages, racist tendencies and the use of a weapon without warning. The person in uniform must have a sense of responsibility to use a weapon for coercive purpose rather than direct shooting. According to Texas criminal law, “This charge will typically carry a sentence of between five and 99 years in a state prison and/or a fine of no more than $10,000 ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"V0QACKFa","properties":{"formattedCitation":"(Adlerstein, 1975)","plainCitation":"(Adlerstein, 1975)","noteIndex":0},"citationItems":[{"id":62,"uris":["http://zotero.org/users/local/5OlhLovK/items/AYSIPFVF"],"uri":["http://zotero.org/users/local/5OlhLovK/items/AYSIPFVF"],"itemData":{"id":62,"type":"article-journal","title":"Felony-Murder in the New Criminal Codes","container-title":"Am. J. Crim. L.","page":"249","volume":"4","source":"Google Scholar","author":[{"family":"Adlerstein","given":"Jo Anne C."}],"issued":{"date-parts":[["1975"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Adlerstein, 1975)” .

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Adlerstein, J. A. C. (1975). Felony-Murder in the New Criminal Codes. Am. J. Crim. L., 4, 249.

Jury finds Amber Guyger guilty of murder in shooting death of Botham Jean. (n.d.). Retrieved October 25, 2019, from WFAA website: https://www.wfaa.com/article/news/special-reports/botham-jean/jury-finds-amber-guyger-guilty-of-murder-in-shooting-death-of-botham-jean/287-a88120eb-9a82-4b33-8be3-3ad1b2d9656e

Texas Second Degree Murder Laws. (n.d.). Retrieved October 25, 2019, from Findlaw website: https://statelaws.findlaw.com/texas-law/texas-second-degree-murder-laws.html