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What is the Law of Parties?
Thu Aug 7, 2008 8:41pm (XFF: unknown)

What is the Law of Parties?
Penal Code:

1.02 Objectives of Code

(1) to insure the public safety through:

B. the rehabilitation of thise convicted of violations of this code; and

C. such punishment as may be necessary to prevent likely recurrence of criminal behavior

(3) to prescribe penalties that are proportionate tot he seriousness of offenses and that permint recognition of differences in rehabilitation possibilities among individual offenders;

(5) to guide and limit the exercise of official discretion in law enforcement to prevent arbitary or oppresive treatment of persons suspected, accused, or convicted of offenses; and

73rd Leg., ch. 900 1.01, eff. Sep 1, 1994.

7.01 Parties to Offenses

(c) All traditional distinctions between accomplices and principles are abolished by this section, and each party to an offense may be charged and convicted without alleging that he acted as a principal or accomplice.

7.02 Criminal Responsibility for Conduct of Another

(a) A person is criminally responsible for an offense committed by the conduct of another if...

(a) (2) acting with INTENT to promote or assist the commission of the offense, he solicits, encourages, directs, aids or attempts to aid the otehr person to commit the offense.

(b) if, in the attempt to carry out a conspiracy to commit one felony, anoterh felony is committed by one of the conspirators, ALL CONSPIRATORS ARE GUILTY OF THE FELONY ACTUALLY COMMITTED, THOUGH HAVING NO INTENT to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been ANTICIPATED as a result of the carrying out of the conspiracy.

7.03 Defense Excluded

In a prosecution in which as actor's criminal responsibility is based on the conduct of another, the actor may be convicted on proof of commission of the offense and that he was a party to its commission, and it is no defense:

(2) that the person for whose conduct the actor is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted of a diferent offense or of a different type or class of offense, or is immune from prosecution.

Article 37.071 (b) (2) of the code of Criminal Procedures permits the infliction of the death penalty only if the jury beleives beyond a reasonable doubt that the defenant "intended to kill the deceased or another or anticipated that a human life would be taken."

The application of Texas Penal Code 7.02, in combination with Texas Code of Criminal Procedures Articel 37.071(b)(2) is unjust and unconstitutional because it permits the death penalty to be imposed for compicity in a capital crime without requiring a finding that the person intended to kill or that he was a major participant in a crime where he showed reckless disregard for human life. In other words, neglecting to anticipate another actor's commission of murder in the course of a felony is all that is required to make a Texas defendant death -eligible. This is allowing the death penalty to be applied in a most immoral and liberal way.

  • more info about the caseBritta, Thu Aug 7 8:39pm
    My husband, Jeff Wood, is on Texas Death Row. He is sentenced for a crime that happened back in 1996. He did NOT kill anyone though. He was actually outside of the place where it all happened. He was ... more
    • Texas v Jeffery WoodBritta, Thu Aug 7 9:04pm
      Texas v Jeffery Wood The Texas Defender Service, along with attorney Scott Sullivan, has filed a clemency petition with the Texas Board of Pardons and Paroles... more
      • Jeff Wood executionKLM, Thu Aug 21 12:43pm
        Jeff Wood was a pissant criminal boob, and the world is better off without him. If he had chosen to get a job instead of putting himself voluntarily in a criminal undertaking, he would never have... more
        • Jeff WoodsHelonwheels, Sun Aug 19 4:27pm
          I am with you on this one! What I want to know is how come these people who fight against the death penalty are so naive to really believe stories of death row inmates? They did not get on death row... more
          • Re: Jeff WoodsAnonymous, Mon Aug 20 2:21am
            Did u even ever think some of these people are innocent? IF it were you or someone you love were in tHat horrible place uou would feel differently
            • Re: Jeff WoodsHelonwheels, Mon Aug 20 3:43am
              Yes I have thoughts on both levels the question is have you? This country is out of control and it is more likely that it will get worse. Are we to stand around and watch more people become... more
      • The cousin of Kris Keeran (the murder victim) wants to save the life of Jeff Wood: "My cousin was the person killed by Danny, not Jeff. I say this as a family member who realized long ago Jeff had no ... more
        • I am sorry for your loss Amanda. But I am a bit confused about this statement posted by Jeff's sister in an article: "At no point in time did Jeff ever plan to kill anybody. Jeff was threatened by... more
        • I cannot belive I have never seen this post before now. Kriss is also a 1st cousin of mine and I think they were both responsible. Jeff is just as guilty as Daniel because he assisted in the robbery. ... more
    • What is the Law of Parties? — Britta, Thu Aug 7 8:41pm
      • PARTIES AND THE US SUPREME COURTBritta, Thu Aug 7 8:43pm
        PARTIES AND THE US SUPREME COURT The US Supreme Court held that imposition of the death penalty on a person who aids and abets a felony in the course of which a murder is committed by others but who... more
        • Texas Man Who Didn't Kill to Will Be Executed Jeff Wood Didn't Kill Kris Keeran, but He Is Set to Be Executed for Keeran's Death By SCOTT MICHELS Aug. 8, 2008 ó Texas is scheduled to put a man to... more
          • Wood seeks reprieveBritta, Mon Aug 11 7:22pm
            Wood seeks reprieve By Caleb Chapman The Daily Times Published August 9, 2008 Jeffery Lee Wood does not deserve to die. Thatís the plea made in an application to the Texas Board of Pardons and Parole ... more
            • Ramsey Clark's letter for JeffBritta, Tue Aug 12 8:23pm
              Friends-- Here is the letter than Ramsey promised me he would write for Jeff. I think it is very good, very persuasive. I had to get a box of Kleenex when I read it because Ramsey mentions the case... more
              • Ramsey Clark's letter for JeffBritta, Tue Aug 12 8:24pm
                RAMSEY CLARK LAWRENCE W. SCHILLING 37 WEST 12TH STREET NEW YORK, N.Y. 10011 212-989-6613 212-979-1583 FAX August 12, 2008 The Honorable Rick Perry Governor, State of Texas State Capitol, Room 2S.I... more
                • Wednesday, August 13, 2008 Mike Farrell Writes Letter Asking for Clemency for Jeff Wood From: Mike Farrell August 11, 2008 Ms. Rissie Owens, Chair Texas Board of Pardons and Paroles 8610 Shoal Creek... more
                  • Should murder accomplices face execution?Britta, Wed Aug 13 8:35am
                    Should murder accomplices face execution? By John Gramlich, Staff Writer An execution last month in Mississippi and another scheduled for this month in Texas have reignited a debate... more
                    • Defense Lawyers Try to Halt ExecutionBritta, Thu Aug 14 9:07am
                      Defense Lawyers Try to Halt Execution By Jordan Smith Since Texas reinstated the death penalty in 1976, only six people have been executed for a murder in which they did not directly participate,... more
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