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Capital murder always confused me as a charge for killing an off-duty or plain clothes officer. Of course second-degree murder and common-law murder make sense, but treating the killing of an officer, regardless of the perpetrator’s awareness of them being an officer, as a strict liability enhancement, is about as stupid as felony murder itself.

There was a case in Ohio a couple of years ago where a young guy killed a plain clothes cop who was chasing him and threatening him, I believe they brought capital murder charges too in the case, even though the guy wasn’t aware the victim was a cop.

They’re going to do a lot of time.
 

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Capital murder always confused me as a charge for killing an off-duty or plain clothes officer. Of course second-degree murder and common-law murder make sense, but treating the killing of an officer, regardless of the perpetrator’s awareness of them being an officer, as a strict liability enhancement, is about as stupid as felony murder itself.

There was a case in Ohio a couple of years ago where a young guy killed a plain clothes cop who was chasing him and threatening him, I believe they brought capital murder charges too in the case, even though the guy wasn’t aware the victim was a cop.

They’re going to do a lot of time.
It wouldn't have mattered if dude was a cop or not
It's still capital murder in Texas penal code
 

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It wouldn't have mattered if dude was a cop or not
It's still capital murder in Texas penal code
The theory of capital murder, is what I’m looking at, whether it’s (b)(1) or (b)(3), if the former they could potentially argue that there was no awareness that he was a “peace officer,” if the latter then there’s no much of a defense.
 

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The theory of capital murder, is what I’m looking at, whether it’s (b)(1) or (b)(3), if the former they could potentially argue that there was no awareness that he was a “peace officer,” if the latter then there’s no much of a defense.
Fam,murder in the commission of a robbery will get you the needle
 

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