GUILTY TX - Former Dallas Police Officer Amber Guyger, indicted for Murder of Botham Shem Jean #7

Discussion in 'Trials' started by Cobra Jet, Sep 7, 2018.

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  1. Amber29

    Amber29 Well-Known Member

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    Gosh after deciding unanimously in just over 4 hours on murder, I doubt this jury has any issues with deciding sentencing. I seriously doubt they would hang on it.

    AG did herself no favors in testifying in fact I would go as far as saying it got her convicted. She was unlikable and fake. My guess is atleast 20 years.
     


  2. Cryptic

    Cryptic Well-Known Member

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    Yes.

    To my knowledge, however, even if the jury can agree on a sentence, the judge would still technically impose the sentence because she has the final say.
     
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  3. turaj

    turaj Well-Known Member

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    at this point very glad Judge Tammy allowed the castle doctrine to be included in instructions. One less item for appeal and frankly could have been a strong one. A very amateur opinion here but her chances of a successful appeal are not good. She is in a very bad position....I think at least 15 if not more years and from all I know no parole. You simply cannot go into people's homes and shoot them and I think because she was a trained police officer really worked against her...I know I held her to a much higher standard.
     
  4. BeachSky

    BeachSky Well-Known Member

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    She can never own a gun again.
    Even after time served..,right?
     
  5. Mandos

    Mandos Active Member

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    Probably the second. She'll most likely be in a seperate unit with other inmates who are considered to be at risk, (fellow former LEO, child molesters/murderers, the elderly). They'll have their meals, programming and free time/yard time separate from the general population. I suspect after a few years of that AG will be moved to a low security/low violence institution with a low minority population to serve out the remainder of her sentence amongst mostly middle-aged Caucasian women who are in prison for tax fraud and stuff like that.
     
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  6. gitana1

    gitana1 Verified Attorney

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    You're exactly right. A Texas Ranger isn't an expert as to someone's mind and that's a specific legal conclusion they asked him to opine on which the jury needed to determine.
     
  7. Carolina Girl

    Carolina Girl Well-Known Member

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    The sentence should reflect what happen that night. Not punishment for texts or instagram posts. If they could not come in in guilt phase, they should not have been allowed in sentencing phase. How many people here have changed their opinion about the time she needs to serve based on those only? That is not fair and just.
    Also, my husband was a police officer for 22 years and never worked where he had to change clothes before coming home and leave his weapon at work. Most police officers carry a back up weapon should they leave it there also. They are on call 24/7 and constant targets from past encounters.
    She made a terrible decision, now she should pay for that not all past transgressions.
     
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  8. turaj

    turaj Well-Known Member

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    I'm on the fence on this and you make very good points. Per the commentators that were in the courtroom there were some real visible reactions to this from a very diverse jury. Even Judge Tammy looked so disgusted as she previewed them.
     
  9. Seattle1

    Seattle1 #LiveLikeLizzy

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    No, the Judge will declare a mistrial for the punishment phase.

    Having the Judge decide is the default. The defendant elected to have the jury determine punishment if found guilty.

    Actually, Texas provides for the defendant to elect to have the jury determine punishment if found guilty -- as opposed to the Judge. If jury fails to deliver a unanimous penalty, the court will order a mistrial for the penalty phase. The Judge does not have final say here, only imposes the sentence.

    No, the Judge will declare a mistrial for penalty phase.

    Although rare occurrence --this section of the Texas Code of Criminal Procedure has been widely discussed since August after Harris County Judge declared mistrial for punishment phase of David Temple trial when jury could not deliver unanimous decision on penalty sentence.
     
    Last edited: Oct 2, 2019
  10. gitana1

    gitana1 Verified Attorney

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    Wow. They weren't even going to fire her.
     
  11. Hraefn

    Hraefn Verified Attorney

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    I can totally understand what you’re saying, I just think the atmosphere in our country is no longer as willing to accept the off-color humor or minimizing/numb responses to violent situations. We see first responders and ER surgeons etc. who still care and have empathy for every patient they treat.

    It’s exactly those attitudes of many PDs around the country that need to change IMO.
     
  12. sloane7777

    sloane7777 Well-Known Member

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    do you guys have a live feed yet??? or is it 9:30?
     
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  13. wyome

    wyome Well-Known Member

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    Excellent post and wholeheartedly agree. Texas allows it, but I've felt from the beginning it is not just. If I were a juror, I'd dismiss it completely.
     
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  14. MrsPC

    MrsPC Well-Known Member

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  15. turaj

    turaj Well-Known Member

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    the preferential treatment she was given is absolutely unbelievable and I am sorry to say happens every day. We have another case right here in my own suburb of the same. This time so much has been seen on tape and media has really dug in on this one so much of it has been exposed.
     
  16. Carolina Girl

    Carolina Girl Well-Known Member

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  17. Hraefn

    Hraefn Verified Attorney

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    My opinion on sentencing hasn’t changed because the new info at sentencing did not surprise me. But this is just how the US handles sentencing, character comes in for the defendant AND victim. It is a good and bad thing, and she has the full ability to present witnesses as to her good character and positive qualities, her remorse, her ability to be rehabilitated, etc.

    Many people see criminal convictions and sentences as JUST punishment for the defendant. US law actually has criminal sentencing for four main reasons: punishment, rehabilitation, deterrence, and retribution.

    The sentence has to account for all 4. The defendant must be punished for their actions, the sentence also must consider the ability to rehabilitate the criminal (will they do it again or not? Are they a threat to society?), there has to be consideration of the deterrence effect of a sentence (other people should see the punishments issued and attribute a higher risk in their decision of whether or not to commit crimes), and there also must be retribution to the victims and their loved ones.
     
  18. wyome

    wyome Well-Known Member

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    I believe someone stated that Texas law allows for gun ownership on the 5th anniversary after serving their sentence.
     
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  19. MrsPC

    MrsPC Well-Known Member

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    Defense requested "sudden passion" be included in the charge and Prosecution had no objection and Judge is allowing. What does this mean? (And they are waiting on some jurors before court begins. Prosecution has about 2 more witnesses to call before they rest and then Judge said they will take a short break to let Defense decide on whether Guyger will testify.)
     
  20. wyome

    wyome Well-Known Member

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    Oh wow, she may not testify? I thought it was a given
     
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