- May 31, 2005
- Reaction score
From the article:
A) Who would want to go back to that house?
B) If the garage is where JB and AB were killed, that portion would be a crime scene. Again, who would want to be in a house with a crime scene in the yard?
C) If the garage is not the crime scene, where was?
If the crime scene has already been processed and released, it is no longer an active crime scene. I think that's what LE means.
Thank you. The good news is for TN:
(a) First degree murder is:
... (2) A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child or aircraft piracy; ....
(b) No culpable mental state is required for conviction under subdivision (a)(2) or (a)(3), except the intent to commit the enumerated offenses or acts in those subdivisions.
So if they can prove she planned it, doesn't matter what her mental state is.
You are misunderstanding the statute. It means that, for example, if someone intended to kidnap a person and a death resulted somehow from the kidnapping, even if the kidnapper did not intend to kill the victim, even if they did not premeditate the killing, they are culpable of first degree murder.
Here, "mental state" is not a reference to mental competency. It's a reference to intent or the lack thereof.
P.S., I have no opinion about TM's mental capacity or competency at this point.