Thursday, August 30, 2007
"law of parties"
A big death penalty debate has raged here in Texas over the death sentence of Kenneth Foster. He received this sentence based upon the state’s “law of parties”, which authorizes capital punishment for accomplices who either intended to kill or “should have anticipated” a murder.
As I understand his case, four friends “were up” for getting high and robbing some people. The last person that was robbed that night was killed. Mr. Foster was the driver and was sitting in the car, with 2 others, 90 feet away when the robbery/murder occurred.
As most of my friends know, I am VERY pro-death penalty. But I am torn with this particular case. One the one-hand, I can see where Mr. Foster can argue that he had no idea that a murder would happen. It hadn’t been talked about, it hadn’t happened during the 2 previous robberies that evening. He probably had no reason to think that it would happen with the third. He was the driver with all three – he had no gun, he didn’t rob anyone, he didn’t shoot anyone.
On the other hand, however – with a gun involved, one could argue that meant there was a possibility of someone getting shot, whether or not that was the intent. And Mr. Foster knew the shooter had the gun. And he knew he had the gun when he left the car.
I guess the key word here is “anticipated”. I haven’t seen or heard about any discussions prior to the robbery spree about shooting anyone who might fight or resist. If that had been the case, then I would say a person could have or should have “anticipated” the shooting, therefore I would be OK with the sentence. But since it seems no such conversations took place, then I think there is a degree of doubt as to what could have been “anticipated”.
Yesterday, Governor Perry commuted Mr. Foster’s sentence to life, following an overwhelming recommendation to do so by the Texas Parole Board. All in all, probably the right thing to do.
As I understand his case, four friends “were up” for getting high and robbing some people. The last person that was robbed that night was killed. Mr. Foster was the driver and was sitting in the car, with 2 others, 90 feet away when the robbery/murder occurred.
As most of my friends know, I am VERY pro-death penalty. But I am torn with this particular case. One the one-hand, I can see where Mr. Foster can argue that he had no idea that a murder would happen. It hadn’t been talked about, it hadn’t happened during the 2 previous robberies that evening. He probably had no reason to think that it would happen with the third. He was the driver with all three – he had no gun, he didn’t rob anyone, he didn’t shoot anyone.
On the other hand, however – with a gun involved, one could argue that meant there was a possibility of someone getting shot, whether or not that was the intent. And Mr. Foster knew the shooter had the gun. And he knew he had the gun when he left the car.
I guess the key word here is “anticipated”. I haven’t seen or heard about any discussions prior to the robbery spree about shooting anyone who might fight or resist. If that had been the case, then I would say a person could have or should have “anticipated” the shooting, therefore I would be OK with the sentence. But since it seems no such conversations took place, then I think there is a degree of doubt as to what could have been “anticipated”.
Yesterday, Governor Perry commuted Mr. Foster’s sentence to life, following an overwhelming recommendation to do so by the Texas Parole Board. All in all, probably the right thing to do.
Sunday, August 26, 2007
Re: Football season is upon us
LJ echoes many of his previously posted sentiments. He must be serious about the I-45 rivalry.
No Reservations
This is really embarrassing. Saw the movie No Reservations today. Maybe the best chick-flick I've ever seen. Happy ending, of course, but I bet I teared up no less than five times.
I really dislike Mrs. Michael Douglas but she was quite good and looked like a real person instead of all Hollywood glam.
Aaron Eckhart has been a favorite since Thank You For Smoking. I hope this will lead to a step up in his career.
I really dislike Mrs. Michael Douglas but she was quite good and looked like a real person instead of all Hollywood glam.
Aaron Eckhart has been a favorite since Thank You For Smoking. I hope this will lead to a step up in his career.
Football season is upon us
My favorite time of the year is finally here. It signals the end of the heat and the beginning of cool. The changing of seasons. And most importantly, football!!
Saturdays in the fall spent in front of the TV...from 9am (ESPN Gameday) until I fall asleep...nothing but football.
Yesterday one could have watched 2 high school games, a couple of college games and pre-season NFL games. The highlight of which was the Texans victory over the Cowboys. Yes, it was only pre-season. But ANY win over that hated team from the north end of I-45 is a great one. Especially when you have to live in Dallas and listen/read to Cowboy talk all the time. And yes, the media here have already penciled in "the 'Boys" for the Super Bowl.....after only 2 pres-season games.
GO HOGS!!
GO TEXANS!!!
Saturdays in the fall spent in front of the TV...from 9am (ESPN Gameday) until I fall asleep...nothing but football.
Yesterday one could have watched 2 high school games, a couple of college games and pre-season NFL games. The highlight of which was the Texans victory over the Cowboys. Yes, it was only pre-season. But ANY win over that hated team from the north end of I-45 is a great one. Especially when you have to live in Dallas and listen/read to Cowboy talk all the time. And yes, the media here have already penciled in "the 'Boys" for the Super Bowl.....after only 2 pres-season games.
GO HOGS!!
GO TEXANS!!!
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