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Ex Dallas cop Amber Guyger found guilty of murder (Sentenced to 10 years)

Discussion in 'Too Hot for Swamp Gas' started by cpgator, Oct 1, 2019.

  1. mutz87

    mutz87 C'est Moi VIP Member

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    I tend to think that despite her being off duty, they'll have a decent shot at holding DPD/the city accountable precisely because of the long hours and nature of her work factored in during the criminal trial as precipitating her actions. But remember, a civil trial requires only a preponderance of evidence, which given this lower standard and the general belief among the public that government bears some responsibility when agents of government act criminally, it doesn't seem to be that large a hurdle.
     
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  2. GatorNorth

    GatorNorth Premium Member Premium Member

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    Well, in this case she appeared to exercise absolutely no judgment and then lied about it.

    Blamed it on alcohol but apparently hadn’t been drinking.

    But I’m sure if Bothan Jean was your kid shot dead on his own couch eating ice cream, you’d find it partially his fault as well if his door lock didn’t catch? Or if the cop was standing there texting her department hook up and not helping him while he bled out in front of her AND she had first aid materials on her?

    Maybe he simply should have locked his door, then gone back out to make sure his door was locked after he had closed it. Problem solved.
     
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  3. mutz87

    mutz87 C'est Moi VIP Member

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  4. Gator715

    Gator715 GC Hall of Fame

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    Of course not, it's a mistake in fact defense...

    It begs the question, if her perception was correct and reasonable would it have changed the appropriate charge...

    I don't think it ended up mattering because her perception was not reasonable... but the attorney's got to give it his best shot...

    The evidence was pretty damning in this case... it's not like his job was easy....
     
  5. PerSeGator

    PerSeGator GC Legend

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    That was a quick sentencing. I still think 10 years was much too light, but it's the judge's decision to make and I trust he exercised his good judgment. I hope he does the same with other defendants that appear before him.
     
  6. demosthenes

    demosthenes Premium Member

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    Jury, not judge. The same people that decided her guilt.
     
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  7. PerSeGator

    PerSeGator GC Legend

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    She got the low end of what you suggested, but I'll just comment that an appeal based on a lack of evidence is typically very difficult to win when the defendant testifies. There is no question that the defendant killed the victim, so the only issue is her intent. Since she testified, the jury is free to believe or disbelieve her story. In this case, they didn't. Without essentially incontrovertible proof otherwise, that's basically the end of it.
     
  8. PerSeGator

    PerSeGator GC Legend

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    Interesting. It's unusual for a jury to decide a sentence. It looks like the prosecution and defense agreed to have the jury decide.
     
  9. studegator

    studegator All American

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    Anyone else would have received a much longer sentence.
     
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  10. mutz87

    mutz87 C'est Moi VIP Member

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    Thing is it doesn't matter what her perception was. The Castle Doctrine--as far as it being the underlying common law doctrine serving as the basis for many laws--was never about a person "perceiving or believing she is in her own home, but not realizing she wasn't" It was and is about more robust rights to self-defense within one's own home, under certain conditions. So, while I support lawyers going to the ends of the earth for clients, I reject turning reason on its ear. considering their argument when they turn reason on its ear.
     
    Last edited: Oct 2, 2019
  11. mutz87

    mutz87 C'est Moi VIP Member

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  12. mutz87

    mutz87 C'est Moi VIP Member

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    Yes and no. Yes, because we've had a long history of increasingly punitive sentencing, but no given that police often escape punishment.

    Given the racial dynamics of the case, it is interesting that of the 12 jurors, 10 were nonwhite. Something to consider...
     
  13. surfn1080

    surfn1080 GC Legend

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    10 years is deserved. Sucks an innocent life was taken from this. Fortunately she will never be able to own a gun legally again.
     
  14. gatorknights

    gatorknights GC Hall of Fame

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    Possibly a booty call gone sour? Sucks for everyone involved.
     
  15. RealGatorFan

    RealGatorFan Premium Member

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    I read quite a bit and the only time that was said was by the prosecutor paraphrasing the events. Not in any article is she quoted as saying that. Because a search only brings back her sentencing, it's hard to find the transcript of her turn on the stand but I did find this one:

    Amber Guyger trial: Former Dallas cop who shot neighbor testifies: "I was scared he was going to kill me" - CBS News

    This article never quoted her as saying she intended to kill him. Quite the contrary and a number of times the prosecutor was leading her which again I'm surprised her defense attorney didn't object to it. But her texts from almost 2 years ago paint a picture that doesn't make her guilty but it didn't help her cause either when she texted to another officer that she was a racist. I agree what she did was criminal but murder? When I can describe at least 5 other cases far worse, with video and audio and in 3 of the cases with dozens of eye witnesses, each not making it past the grand jury. Her case had far less evidence. This is what this is all about. This is like the Oscars. Actually reverse Oscars. You have a film or actor or director who gets passed over multiple times and then they hand it to them finally but for a crappy movie. Peter Jackson should have received the Oscar for the 1st LOTR film but they waited until the 3rd to give it to him and actually there were 3 other films that year that we far batter than the 3rd LOTR film. In her case, because so many other officers got off with many keeping their jobs, they hammered her with every malice and pent up emotion those other cases brought on. Had she been the 1st, she wouldn't even been fired. Like I said in another post, the Lead Investigator determined she did not commit a crime. Why exactly did they investigate if it meant nothing in the end? What's the point?
     
  16. RealGatorFan

    RealGatorFan Premium Member

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    They never met before. Either she or Jean weren't in those apartments for very long.
     
  17. OklahomaGator

    OklahomaGator Jedi Administrator Moderator VIP Member

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    Do you have any stats on how that sentence compares to similar crimes committed by women? Is there a difference between jury sentences for men and women for the same charge?
     
  18. 96Gatorcise

    96Gatorcise GC Hall of Fame

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    10 years is entirely to light and the brother is a far better man than I will ever be.
    Personally I think the family should be allowed to take her out back and put a bullet in her and let her bleed out.
     
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  19. mutz87

    mutz87 C'est Moi VIP Member

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    Here's a US Sentencing Commission Report from 2012 that touched upon gender differences in sentencing.

    Here's a decent meta-analysis of studies on gender and sentencing since the 1990s.

    Here is another study that examined race differences in sentencing, also finding that there were gender differences, but conditioned on race.

    These reports and studies generally show a closing gender gap in sentencing, though it's still present.
     
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  20. PerSeGator

    PerSeGator GC Legend

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    Jury sentences aren't very common in general -- only six states apparently allow it, and only then after a jury trial. From what I understand, in only two states (Texas and Oklahoma) are the jury sentences binding; in the remainder, the judge can override the jury-recommended sentence to some extent.

    This paper does a regression analysis on various different variables including (sex) for jury sentences in two states. It's been a while since I dealt with that sort of thing, so maybe @mutz87 can interpret the results.
     
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