{"id":6738,"date":"2003-04-17T18:12:00","date_gmt":"2003-04-17T23:12:00","guid":{"rendered":"http:\/\/brianjnoggle.com\/blog\/2003\/04\/17\/6738\/"},"modified":"2018-06-20T15:55:16","modified_gmt":"2018-06-20T20:55:16","slug":"6738","status":"publish","type":"post","link":"https:\/\/brianjnoggle.com\/blog\/2003\/04\/17\/6738\/","title":{"rendered":"Don&#8217;t Mess With Texans More Than One at a Time"},"content":{"rendered":"<p>I mean, the <a href=\"http:\/\/www.washingtonpost.com\/wp-dyn\/articles\/A45827-2003Apr17.html\" tagret=\"_top\">crime<\/a> is harrowing enough: two parents strangle and then decapitate their four children, either because they&#8217;re too poor to afford children, or because the children are possessed by the devil, or because Hollywood called for &#8220;Andrea Yates meets Selena.&#8221;  Bad juju, no doubt.<\/p>\n<p>But buried within the story, hidden in the plain sight of the second paragraph, we find this nugget:<\/p>\n<blockquote><p>A grand jury indicted Maria Angela Camacho and her common-law husband, John Allen Rubio, on three counts of capital murder, and a fourth count was filed against them Wednesday <b>under a state law allowing an additional charge if two or more people are killed at the same time<\/b>.<\/p><\/blockquote>\n<p>In Texas, it&#8217;s not only illegal to murder people, but it&#8217;s <i>even more illegal to kill them more than one at a time<\/i>.<\/p>\n<p>I expect this is a well-formed law, too, with exact standards that describe the cooling off time period you must wait between homicides to not trigger the additional penalty, which I assume is something along the lines of desecrating the body as it&#8217;s unbuckled from the lethal injection table.<\/p>\n<p>I can only assume this is not what legal experts call a <i>Deceased Equidae Cudgel (DEC)<\/i> law.  The goal of these laws is twofold.  First, to rationalize the need for a full-time legislature, or a nine-month-a-year-for-more-than-a-working-man&#8217;s-salary legislature, legislators need to pass laws.  Factories are judged on their productivities, and bicameral representative bodies are, too.  Publish or perish, legislate or languish, but show the People they&#8217;re getting something for the money.  As a result, we get more laws upon laws covering the same basic acts.<\/p>\n<p>Secondly, DEC laws give prosecutors a Old Country Buffet from which to choose which felonies go with their appetites when confronted with a given act and criminal.  This end run around Double Jeopardy protections ensures that prosecutors have plenty of statutes with which to prosecute for the same misdeed, for a different &#8220;crime,&#8221; until they receive a conviction.  Let&#8217;s see, killing three people with a handgun used illegally in the commission of a felony on a Sunday while washing your horse with a garden hose&#8211;a prosecutorial pentathalon.  Commit three crimes, get the fourth charge free!  Yankee ingenuity overcomes the obstacles of starchy old English common law traditions.<\/p>\n<p>Of course, this law serves not so much a retributive value&#8211;Texas executes killers with satisfying regularity&#8211;but a deterrent value.  Thoughtful and legally-savvy mass murderers will choose less mass-murder-friendly states, like Oklahoma, Louisiana, and New Mexico, when planning getaways to the American South by Southwest.<\/p>\n<p>Here&#8217;s a motto for license plates in the Lone Star state (with apologies to <a href=\"http:\/\/www.rachellucas.com\/archives\/000531.html#000531\" target=\"_top\">Rachel Lucas<\/a>):  <b>Ordnance AND Ordinance<\/b>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>I mean, the crime is harrowing enough: two parents strangle and then decapitate their four children, either because they&#8217;re too poor to afford children, or because the children are possessed by the devil, or because Hollywood called for &#8220;Andrea Yates meets Selena.&#8221; Bad juju, no doubt. But buried within the story, hidden in the plain [&hellip;]<\/p>\n","protected":false},"author":3334,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[29],"tags":[],"class_list":["post-6738","post","type-post","status-publish","format-standard","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/brianjnoggle.com\/blog\/wp-json\/wp\/v2\/posts\/6738","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/brianjnoggle.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/brianjnoggle.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/brianjnoggle.com\/blog\/wp-json\/wp\/v2\/users\/3334"}],"replies":[{"embeddable":true,"href":"https:\/\/brianjnoggle.com\/blog\/wp-json\/wp\/v2\/comments?post=6738"}],"version-history":[{"count":1,"href":"https:\/\/brianjnoggle.com\/blog\/wp-json\/wp\/v2\/posts\/6738\/revisions"}],"predecessor-version":[{"id":20182,"href":"https:\/\/brianjnoggle.com\/blog\/wp-json\/wp\/v2\/posts\/6738\/revisions\/20182"}],"wp:attachment":[{"href":"https:\/\/brianjnoggle.com\/blog\/wp-json\/wp\/v2\/media?parent=6738"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/brianjnoggle.com\/blog\/wp-json\/wp\/v2\/categories?post=6738"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/brianjnoggle.com\/blog\/wp-json\/wp\/v2\/tags?post=6738"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}