Per The Ticket: Josh Brent sentenced to 10 years Probation and 180 days in jail.

TheRomoSexual

Well-Known Member
Messages
4,057
Reaction score
4,958
that can be argued. He knowingly drank and knowingly drove and not for the first time.

No, it can't. At least, not unless you radically change the meaning of the word. Murder, by it's legal definition, requires mens rea; e.g., the specific intent to kill. Mere knowledge that actions may result in death is manslaughter, and there is a massive difference.
 

Hoofbite

Well-Known Member
Messages
40,882
Reaction score
11,587
Also from the trial today the waitress that served the Cowboy players that night is saying together they had the equivalent of 20 drinks. That can create reasonable doubt about the high BAC Josh Brent had and it wouldn't surprise me to see him convicted on a lesser charge.

What's there to doubt? He blew a high BAC. End of discussion.
 

Kaiser

Well-Known Member
Messages
16,628
Reaction score
28,430
What's there to doubt? He blew a high BAC. End of discussion.

That isn't how our criminal justice system works. There are tens of thousands of lawyers in this country that make a nice living introducing doubt in DUI trials for the way the test was administered, the test itself, the lab, on and on and on. Brent obviously did this but proving vehicular manslaughter beyond a shadow of a doubt in a criminal trial is an entirely different thing.
 

burmafrd

Well-Known Member
Messages
43,820
Reaction score
3,379
No, it can't. At least, not unless you radically change the meaning of the word. Murder, by it's legal definition, requires mens rea; e.g., the specific intent to kill. Mere knowledge that actions may result in death is manslaughter, and there is a massive difference.
a death that occurs when a felony is knowingly committed is murder
 

TheRomoSexual

Well-Known Member
Messages
4,057
Reaction score
4,958
a death that occurs when a felony is knowingly committed is murder

Yeah, no. That's a complete misstatement of the felony-murder rule. Please point me to one jurisdiction that has found DUI to be an inherently dangerous felony.
 

theSHOW

Well-Known Member
Messages
3,491
Reaction score
1,146
Exactly. He is criminally responsible but the crime is Manslaughter. That is what he was charged with and its idiotic to call it murder.

I checked a like on the post you made ...but we all know this. Well, most of us.

He is accused and innocent until proven guilty.
 

CanadianCowboysFan

Lightning Rod
Messages
25,547
Reaction score
8,339
Driving drunk and stupid is doubley dangerous.

Ya know, ever body make mistakes. But to make a mistake that involves the death of another, and then to disclaim any responsibility, that is when I shake mah haid and just walk away from the stupidity and selfishness showed.

Do Brent's attorney know how ridiculous he is making his client seem?


his lawyer's job is to get his client off or to get the best deal possible for his client. It doesn't mean he agrees with drunk driving or is being selfish. He is just doing what he required to do.
 

theogt

Surrealist
Messages
45,846
Reaction score
5,912
Also from the trial today the waitress that served the Cowboy players that night is saying together they had the equivalent of 20 drinks. That can create reasonable doubt about the high BAC Josh Brent had and it wouldn't surprise me to see him convicted on a lesser charge.
Reasonable doubt about the test? Is the test fallible? Her testimony is almost laughably self serving (no pun intended) given the lawsuit against the bar.
 

GimmeTheBall!

Junior College Transfer
Messages
37,818
Reaction score
18,162
his lawyer's job is to get his client off or to get the best deal possible for his client. It doesn't mean he agrees with drunk driving or is being selfish. He is just doing what he required to do.

There is defense. Then there is a stupid defense that even stupid jurors won't buy.
Remember the Twinkie Defense? Remember other idiotic defense team schemes?
That is what I am talking about. Not the garden variety legit defenses. So, hoser, gimme a break and back off and be glad we half not chosen to invade Oh Canada.
 

OhSnap

Well-Known Member
Messages
1,591
Reaction score
721
There is defense. Then there is a stupid defense that even stupid jurors won't buy.
Remember the Twinkie Defense? Remember other idiotic defense team schemes?
That is what I am talking about. Not the garden variety legit defenses. So, hoser, gimme a break and back off and be glad we half not chosen to invade Oh Canada.

YET.
 

FLCowboyFan

Hoping to be half the man Tom Landry was.
Messages
4,967
Reaction score
3,555
I'll just be happy when all of my Dallas Cowboys alerts aren't about this trial. It is a tragedy that must go through the court system but it's not about my Dallas Cowboys any longer.
 

GimmeTheBall!

Junior College Transfer
Messages
37,818
Reaction score
18,162
I'll just be happy when all of my Dallas Cowboys alerts aren't about this trial. It is a tragedy that must go through the court system but it's not about my Dallas Cowboys any longer.

Like we are so busy with Cowboys postseason games? If such detritous is to be in the news, then let it be in the offseason.
I agree that it is not about our Dallas Cowboys any longer, but I still hold a grudge against the embee . . .embac . . . the idoiot who let Josh Brent on the sidelines after that accident.
What a signal that sent to victims and families of the drunk on wheels.
 

Kaiser

Well-Known Member
Messages
16,628
Reaction score
28,430
. the idoiot who let Josh Brent on the sidelines after that accident.

Every player, including Brent, has a sideline pass where they can get into the Stadium and onto the sidelines. Its no different than an injured player coming to the game to be on the sidelines in street clothes. No one approved Brent coming to the game and "let" him on the sidelines, he walked in on his own and left when they told him to leave.
 
Top