Texas Capital Punishment?
Suppose a mugger came into a convenience store with no intent to kill. If things got out of hand and the mugger accidentally killed the store clerk, which degree of murder would this fall under would this fall under and would this result in capital punishment in Texas? Any help would be appreciated, thanks.
Answers & Comments
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Truthfully? He'd probably be tried under 1st Degree Murder. The lawyers would claim that because he had planned to rob the store and he (apparently) had a weapon, that he intended to kill the clerk. He really would have no way of proving that wasn't his intention.
What he really should be tried under is 1st Degree Manslaughter, due to his not having the intention to kill, but again, no court would do this for someone who was also robbing a store.
And yes, considering Texas' record with these things, the robber would be put to death.
Probably second degree but it still happened while in the commission of a crime. In my opinion, the criminal went into the store with the intent to rob knowing fully well it could result in death to the store personnel. To me, that makes it an intentional murder and should be punished by execution. That's how I would vote on a jury.
The EU is just invoking their right of free speech to ask Texas to stop their practice of capital punishment. That is all there is to it. A nothing story. The EU can choose to sanction an individual state in the US by refusing to do business with the EU, that is their right. Other countries have also questioned both the death penalty statues of Texas and Florida. These countries include Canada, Mexico, the EU, and Australia.
This would be felony murder. And this could possibly result in the death penalty, depending on the prosecutor and the judge.... and a great defense attorney.
I think its 1st degree if done during a felony.
1st degree murder.