That is not correct. Mens Rea is not required. I will agree that normally it is, but not in this case and here is why: She entered the residence, without consent and committed a felony (30.02.a.3). It's not tied to the intent to commit burglary. It's tied to the offense against the person (19.02). And thus, 19.02 is then tied to 30.02 and that's why it's murder.
And no - I'm not an "arm-chair" lawyer. We have actually discussed this case at length in my criminal justice classes, taught by aw professors here in Texas. I am using my post 9-11 GI Bill to get my Criminal Justice degree after I retired from the military. We have GREAT discussions about the fact that they may have over-charged her. But as you know Texas does not have a 1st/2nd-degree murder charge. I was personally believing they would have been better off with a "Criminally Negligent Homicide" charge. But my prof and another law enforcement officer in the class explained very clearly why they went this route. It made sense and they predicted it would stick. They were right.
I may be misunderstanding what you’re saying but i’m pretty sure Texas has first and second degree murder. This was a second degree conviction just referred to in Texas as murder. As opposed to first degree which is capital murder.
Seco
I may be misunderstanding what you’re saying but i’m pretty sure Texas has first and second degree murder. This was a second degree conviction just referred to in Texas as murder. As opposed to first degree which is capital murder.
Second degree is what they charged her with...and they also had the option of manslaughter on the table.
Sorry about the double post. Got a little antsy there.
And congrats on getting your CJ degree!
I have a masters in CJ but my undergraduate cj courses taught by law professors were my fav!
To clarify, I mean Texas has the equivalent to first and second.
That may be what you’re saying too. I thought you meant they went with the harsher charge because Texas doesn’t have differing degrees of murder. I was just saying they do.... they just don’t call it that.