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tvc184 last won the day on July 15

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  1. Let’s see, I’m a convicted felon so I’m going to drive on a public street and shoot a dog. He gets a two for one deal there. It is a felony to shoot the dog and then another felony for processing the firearm to begin with.
  2. All rights are the same whether under arrest or not. You do not have less rights when you’re not in custody or more rights when you are. The rights listed under Miranda do not appear because of an arrest. You have the same rights as Miranda sitting there making this post. Those are from the 5A and 6A and say that you have the right to attorney and you have the right to remain silent. The only thing that an arrest does is it requires the police to tell you that you have those rights if you were in custody AND being interrogated. There is no court ruling that requires the reading of Mirand
  3. Bill Burr has a really funny YouTube skits from his standup routines. YouTube Bill Burr gold digging…. But be language prepared on all of his videos.
  4. Maybe you misunderstood my post. I never mentioned greed by word but it is all over what I wrote. I do agree that it exist but therein lies the problem. The greedy people at the top of Socialism have convinced the masses at the bottom that greed does not exist. That’s why I talked about the group hug and everybody being together. That is a fallacy and always will be. Nobody is together in most situations except to look after their own interest. I also call it incentive. Most people are driven in most situations to do tasks that benefit them. Why do people work overtime? Because they ma
  5. For the people at the top it is about control. For the minions at the bottom, it is the belief that “this time”, Socialism will work. The other thousand times it has been tried in the world and failed was because “it was not us”. I think it is from the virtuous belief that if we all group hug, we will all get along and it was just a few people that are hampering this world wide collective. It would probably work with a bunch of pre-programmed robots making them like minded.
  6. The United States Constitution, which created this country we now have (as a follow-up to the Articles of Confederation) , was enacted for the very reason to not have states united. That was the entire point of the articles and ultimately the Constitution.
  7. I believe that question has already been decided by the US Supreme Court. In one of my favorite movie lines, from the movie G.I. Jane, the base captain talking to United States senator says that he can do what she ask as long as she will just “trim a little fat off the Constitution”.
  8. I kind of like the way he thinks but some of his statements are absolutely incorrect in Texas. There is no mandatory arrest in Texas for trespassing and most other crimes and you cannot demand that charges be filed. I mean you can say the words I demand it but there’s no obligation for an officer to do it. He says to get a pitbull attorney and file a lawsuit however that lawsuit has already been settled by the US Supreme Court. Unless there’s a specific state law requiring officers to act, they are under no statutory or constitutional obligation to do so. (See Castle Rock v Gonzale
  9. The problem is that in private business you don’t have a captive audience. You can get rid of an employee not performing. That fact alone can give you better employees since it can allow you to give them incentives (even just a pat on the back/encouragement) to be better and keep a job. You can also do a good job in hiring a good employee candidate. A teacher gets none of that. A teacher’s audience is entirely captive with very little recourse to change it. The teacher does not get to interview the students, reject them as a not good candidate, kick them out of class for being lazy, et
  10. Just a follow up as my example, these are quotes from the Texas Penal Code. Murder carries a maximum of 99 years, Manslaughter has a maximum of 20 years and CNH has a maximum of 2 years. So you can go from 2 or 99 years maximum based solely on what you were thinking or your mens rea. Notice that the wording is practically identical except for the mental state. Murder: A person commits an offense if he: (1) intentionally or knowingly causes the death of an individual. Manslaughter: A person commits an offense if he recklessly causes the death of an individual. Criminally Neglig
  11. it was a very good question. I think that is one of the misconceptions in the law. The feelings of the other person are basically irrelevant. It goes by the intent of the person committing the crime, not how it was received. Like if I walked up to you in a stern voice and say, “hey we need to talk” while pointing a finger at you. That is not a threat. A person might say it is threatening in their opinion but that is not a crime. If you walked up and said the same thing to me, should I be able to place you in jail and the answer is no. Well, “I felt threatened” does not make it a crime.
  12. …. and speaking of proving elements. I remember at a trial, I was testifying on an aggravated assault or an aggravated robbery (I can’t remember) with a person that was threatened with a knife. The prosecutor asked me, officer in your experience could this knife caused a serious injury or death? My answer was some thing like, yes I have worked a couple of murders and several serious injuries where a knife was used. The defense attorney did not ask me any follow-up questions about the knife. In fact he would probably be stupid if he did. But…. Why the question from the prosecutor? Wouldn’t t
  13. It all depends on the law in that state. All criminal laws are made up of what are called elements. Each element has to be proven for something to be a crime. Included in those elements are the culpable mental state. Those mental states are intentional, knowingly, recklessly and with criminal negligence. As examples, murder has two elements in Texas. You have to (1) intentionally or knowingly (2) take another person’s life. Public intoxication is to (1) be in public, (2) be intoxicated on some substance and (3) be a danger to yourself or someone else due to that intoxication. So public i
  14. She should have never been charged. The guy that claimed he was assaulted should have been charged with obstructing traffic and criminal mischief/ and vandalism. This was nothing but a witchhunt and an appeasement.
  15. Mine was a drowned child also, actually two who went under together. When we found them they were still holding onto each other. The things we see…….
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