1 00:00:00,000 --> 00:00:02,000 Hello! 2 00:00:02,000 --> 00:00:06,000 Welcome back to another episode of Diagnosing a Killer, the mental breakdown. 3 00:00:06,000 --> 00:00:07,000 I'm Kenna. 4 00:00:07,000 --> 00:00:08,000 I'm Koel. 5 00:00:08,000 --> 00:00:11,000 Oh, I feel like I always say, and I'm Kenna. 6 00:00:11,000 --> 00:00:13,000 So saying, I'm Kenna first sounds weird. 7 00:00:13,000 --> 00:00:14,000 And I'm Koel. 8 00:00:14,000 --> 00:00:15,000 And I'm... 9 00:00:15,000 --> 00:00:16,000 And I'm Kenna. 10 00:00:16,000 --> 00:00:18,000 Always gonna just come back. 11 00:00:18,000 --> 00:00:45,000 It's me, Kenna. 12 00:00:45,000 --> 00:00:46,000 How's it going? 13 00:00:46,000 --> 00:00:47,000 Pretty good. 14 00:00:47,000 --> 00:00:48,000 Good. 15 00:00:48,000 --> 00:00:49,000 I'm really excited. 16 00:00:49,000 --> 00:00:53,000 We went to a Boba tea place earlier, and so that's what I'm drinking. 17 00:00:53,000 --> 00:00:58,000 I'm drinking Mango Boba with the little Explody Bobas, not the tapioca ones. 18 00:00:58,000 --> 00:00:59,000 Oh, no. 19 00:00:59,000 --> 00:01:00,000 I don't... 20 00:01:00,000 --> 00:01:01,000 Oh, I know what you're saying. 21 00:01:01,000 --> 00:01:02,000 They're like little bursts of flavor. 22 00:01:02,000 --> 00:01:03,000 They're so good. 23 00:01:03,000 --> 00:01:09,000 They used to have those at Orange Leaf, the self-serve frozen yogurt place, and you could pick all your toppings. 24 00:01:09,000 --> 00:01:12,000 They had those little balls of juice. 25 00:01:12,000 --> 00:01:13,000 They are. 26 00:01:13,000 --> 00:01:15,000 What is up with frozen yogurt? 27 00:01:15,000 --> 00:01:18,000 I don't think I've ever had frozen yogurt because it sounds so gross. 28 00:01:18,000 --> 00:01:19,000 It's delicious. 29 00:01:19,000 --> 00:01:21,000 It tastes just like ice cream, actually. 30 00:01:21,000 --> 00:01:22,000 It does? 31 00:01:22,000 --> 00:01:23,000 Yeah. 32 00:01:23,000 --> 00:01:24,000 I think it's just smoother. 33 00:01:24,000 --> 00:01:25,000 It's like more crystal-y. 34 00:01:25,000 --> 00:01:30,000 Like ice cream is more creamy and frozen yogurt is more like a sherbet kind of. 35 00:01:30,000 --> 00:01:31,000 A sherbet? 36 00:01:31,000 --> 00:01:32,000 It's sherbet. 37 00:01:32,000 --> 00:01:33,000 Sherbet. 38 00:01:33,000 --> 00:01:34,000 Yes. 39 00:01:34,000 --> 00:01:35,000 Not sorbet. 40 00:01:35,000 --> 00:01:36,000 No, it's... 41 00:01:36,000 --> 00:01:39,000 Yeah, sorbet is what I meant, but it's pronounced sherbet. 42 00:01:39,000 --> 00:01:40,000 There is no R at the end of that word. 43 00:01:40,000 --> 00:01:41,000 Look it up. 44 00:01:41,000 --> 00:01:42,000 Sorbet. 45 00:01:42,000 --> 00:01:43,000 Yes, like a sorbet. 46 00:01:43,000 --> 00:01:45,000 Not sor-bert. 47 00:01:45,000 --> 00:01:49,000 No, sherbet and sorbet are two different things. 48 00:01:49,000 --> 00:01:51,000 Sorbet and sherbet. 49 00:01:51,000 --> 00:01:52,000 Look it up. 50 00:01:52,000 --> 00:01:53,000 I'm telling you. 51 00:01:53,000 --> 00:01:54,000 Sherbet? 52 00:01:54,000 --> 00:01:55,000 Yes, it's sherbet. 53 00:01:55,000 --> 00:01:56,000 Sherbet. 54 00:01:56,000 --> 00:01:57,000 Yes. 55 00:01:57,000 --> 00:01:58,000 Sherbet. 56 00:01:58,000 --> 00:02:01,000 I'm telling you, everyone needs to comment what they think it is. 57 00:02:01,000 --> 00:02:03,000 Anyway, yeah, so those little ball of things. 58 00:02:03,000 --> 00:02:04,000 I was going to say tapioca. 59 00:02:04,000 --> 00:02:06,000 I hate Boba because I do not like tapioca. 60 00:02:06,000 --> 00:02:09,000 I had to be in the mood for the tapioca, like the pearls. 61 00:02:09,000 --> 00:02:11,000 No, yeah, the texture thing for me. 62 00:02:11,000 --> 00:02:12,000 Yeah, but the juice is good. 63 00:02:12,000 --> 00:02:13,000 Do you want to try? 64 00:02:13,000 --> 00:02:14,000 No. 65 00:02:14,000 --> 00:02:15,000 You sure? 66 00:02:15,000 --> 00:02:16,000 I'm good. 67 00:02:16,000 --> 00:02:17,000 Okay. 68 00:02:17,000 --> 00:02:18,000 D-d-wo-t. 69 00:02:18,000 --> 00:02:19,000 You were right there. 70 00:02:19,000 --> 00:02:20,000 Oh my goodness. 71 00:02:20,000 --> 00:02:24,120 Before we start, would you like to give everyone our handles on social media in case this 72 00:02:24,120 --> 00:02:26,000 is their first time listening? 73 00:02:26,000 --> 00:02:27,000 Absolutely, welcome. 74 00:02:27,000 --> 00:02:32,560 You can catch us on social media at diagnosing a killer other than ex formerly known as Twitter, 75 00:02:32,560 --> 00:02:34,000 which is at killer diagnosis. 76 00:02:34,000 --> 00:02:35,000 We have a Patreon. 77 00:02:35,000 --> 00:02:41,000 There you will get, well, tier two and tier three will receive an extra bonus episode on 78 00:02:41,000 --> 00:02:44,000 that Patreon towards the end of the month of every month. 79 00:02:44,000 --> 00:02:45,000 And what else? 80 00:02:45,000 --> 00:02:49,000 We have a cash app, a PayPal, a Venmo. 81 00:02:49,000 --> 00:02:50,000 I think that's it. 82 00:02:50,000 --> 00:02:51,000 I think that's it. 83 00:02:51,000 --> 00:02:52,000 I think you did great. 84 00:02:52,000 --> 00:02:54,000 Yeah, dollar donations, y'all. 85 00:02:54,000 --> 00:02:55,000 Do it. 86 00:02:55,000 --> 00:02:58,000 Check out the True Crime and Paranormal Podcast Festival 2024. 87 00:02:58,000 --> 00:03:01,560 It is in Denver this year from July 12th through the 14th. 88 00:03:01,560 --> 00:03:03,000 We will be there. 89 00:03:03,000 --> 00:03:04,000 And it's Kenan's birthday. 90 00:03:04,000 --> 00:03:06,520 It's my birthday weekend, so come and hang out with us. 91 00:03:06,520 --> 00:03:08,360 We'd love to meet you guys. 92 00:03:08,360 --> 00:03:13,560 Check out our merch link in our link tree in our Instagram bio. 93 00:03:13,560 --> 00:03:19,760 That should link you to a few forms, one for Kozies, one for T-shirts, one for bracelets. 94 00:03:19,760 --> 00:03:24,920 There you can get all new merch, custom made merch, however, if you want to support us 95 00:03:24,920 --> 00:03:30,680 in an economical way, you can do so with our Upcycled merch, which is just $15 for a T-shirt 96 00:03:30,680 --> 00:03:32,480 and $25 for a hoodie. 97 00:03:32,480 --> 00:03:35,520 We're going to bring all that to Denver with us as well. 98 00:03:35,520 --> 00:03:40,120 And that includes free shipping for new and upcycled items as well. 99 00:03:40,120 --> 00:03:41,120 Yep. 100 00:03:41,120 --> 00:03:42,120 Woo. 101 00:03:42,120 --> 00:03:44,960 Well, it is my mental breakdown today, but before we get started, I do want to quickly 102 00:03:44,960 --> 00:03:49,600 share a cool message we got from one of our loyal listeners regarding the Joseph Edward 103 00:03:49,600 --> 00:03:50,600 Duncan case. 104 00:03:50,600 --> 00:03:53,720 At the end of the episode, I'm not sure if you remember, but we had talked about how 105 00:03:53,720 --> 00:03:57,640 he was afraid to die of natural causes and then he ultimately died of cancer. 106 00:03:57,640 --> 00:03:59,640 And I was like, well, would that be considered natural causes? 107 00:03:59,640 --> 00:04:01,400 I'm not exactly sure. 108 00:04:01,400 --> 00:04:02,840 So she says, hi friends. 109 00:04:02,840 --> 00:04:06,120 I know we don't know each other, but I definitely consider y'all a friend because listening 110 00:04:06,120 --> 00:04:09,440 to y'all gives me comfort, especially in hard days like today. 111 00:04:09,440 --> 00:04:12,440 I just listened to the last episode and I wanted to share something that y'all didn't 112 00:04:12,440 --> 00:04:14,080 feel too concrete over. 113 00:04:14,080 --> 00:04:17,280 When Joseph said that he didn't want to die from natural causes and y'all mentioned that 114 00:04:17,280 --> 00:04:21,960 when he died from cancer, I lost my mom to cancer and her death certificate says that 115 00:04:21,960 --> 00:04:23,840 the cause is natural causes. 116 00:04:23,840 --> 00:04:27,860 So even if that's not what he meant and assuming it would be the same countrywide, his death 117 00:04:27,860 --> 00:04:32,520 certificate should stay natural causes and that gives me such joy. 118 00:04:32,520 --> 00:04:35,840 I don't think there's a crime worse in my eyes than a crime done to children. 119 00:04:35,840 --> 00:04:37,320 He's truly a sick man. 120 00:04:37,320 --> 00:04:38,320 As usual, y'all did great. 121 00:04:38,320 --> 00:04:41,160 I look forward to listening every week. 122 00:04:41,160 --> 00:04:42,640 Thanks for your input, listener. 123 00:04:42,640 --> 00:04:44,640 Yes, we love hearing from you guys. 124 00:04:44,640 --> 00:04:48,840 It makes our day that much brighter and it also gives us a lot of joy to know that we 125 00:04:48,840 --> 00:04:51,000 bring you guys so much joy. 126 00:04:51,000 --> 00:04:52,000 So thanks for listening. 127 00:04:52,000 --> 00:04:54,000 And if it's your first time here, hello. 128 00:04:54,000 --> 00:04:55,000 Hello. 129 00:04:55,000 --> 00:04:56,000 Welcome. 130 00:04:56,000 --> 00:04:57,880 Okay, are you ready to get into this one? 131 00:04:57,880 --> 00:04:58,880 I am. 132 00:04:58,880 --> 00:05:01,080 I'm excited to hear what your topic is. 133 00:05:01,080 --> 00:05:06,040 This is a little bit of a different Mindy Breakie, but I decided that it might be kind 134 00:05:06,040 --> 00:05:10,860 of interesting to talk about because we don't really have many times where we've broken 135 00:05:10,860 --> 00:05:11,860 this down. 136 00:05:11,860 --> 00:05:14,000 So I decided to just make it a whole topic. 137 00:05:14,000 --> 00:05:19,040 Today we are going to be talking about homicide charges and types of killing. 138 00:05:19,040 --> 00:05:20,040 Okay. 139 00:05:20,040 --> 00:05:24,560 So types of homicide charges, what you can be charged with, and different, I guess, specifics 140 00:05:24,560 --> 00:05:28,520 when it comes to exactly what you would be charged with if you did this and that and 141 00:05:28,520 --> 00:05:29,520 the other. 142 00:05:29,520 --> 00:05:31,800 It's going to be kind of just an outline of that. 143 00:05:31,800 --> 00:05:35,240 Of course, there's always mitigating circumstances to your case. 144 00:05:35,240 --> 00:05:36,240 For sure. 145 00:05:36,240 --> 00:05:39,080 Yeah, I'm not going to talk about any specific case that was like, oh, and he did this, but 146 00:05:39,080 --> 00:05:41,280 his left finger was cut off and not the right one. 147 00:05:41,280 --> 00:05:43,960 It's a different chart. 148 00:05:43,960 --> 00:05:48,080 Content warning, this episode contains descriptions of killing, explanations of different types 149 00:05:48,080 --> 00:05:50,200 of murder, and child violence. 150 00:05:50,200 --> 00:05:53,240 If this is not for you, we encourage you to find another one of our episodes. 151 00:05:53,240 --> 00:05:56,360 Remember, your mental health is very important to us and we love you. 152 00:05:56,360 --> 00:05:57,360 Love you. 153 00:05:57,360 --> 00:05:58,360 Bye. 154 00:05:58,360 --> 00:05:59,360 Bye. 155 00:05:59,360 --> 00:06:00,800 Okay, so what are the types of charges and types of killing? 156 00:06:00,800 --> 00:06:02,000 Here we go. 157 00:06:02,000 --> 00:06:04,160 So what is homicide? 158 00:06:04,160 --> 00:06:07,800 Homicide is an act in which a person causes the death of another person. 159 00:06:07,800 --> 00:06:13,480 A homicide requires only a volatile act or a mission that causes the death of another. 160 00:06:13,480 --> 00:06:17,400 So this pretty much means that in order to commit a homicide, the perpetrator either has 161 00:06:17,400 --> 00:06:22,840 to knowingly commit the act or change circumstances that cause the act to happen. 162 00:06:22,840 --> 00:06:27,280 This being the case, the act of homicide may result from accidental, reckless, or negligent 163 00:06:27,280 --> 00:06:30,200 acts, even if there is no intent to cause harm. 164 00:06:30,200 --> 00:06:31,880 Like a DUI or something? 165 00:06:31,880 --> 00:06:33,560 Yes, exactly. 166 00:06:33,560 --> 00:06:38,080 Depending on the circumstances of the death, homicide is put into many different categories. 167 00:06:38,080 --> 00:06:41,920 These types of homicides are often treated differently in many cultures, as some will 168 00:06:41,920 --> 00:06:44,520 consider them crimes and others will not. 169 00:06:44,520 --> 00:06:48,920 So the first type of homicide we're going to talk about is plain old murder. 170 00:06:48,920 --> 00:06:51,000 Plain old murder, just some vanilla murder. 171 00:06:51,000 --> 00:06:52,440 Yeah, just some casual shit. 172 00:06:52,440 --> 00:06:54,240 Just some casual murder. 173 00:06:54,240 --> 00:06:58,120 Murder is the most serious crime that can be charged following a homicide, and there 174 00:06:58,120 --> 00:07:01,240 are different types of murder one can be charged with. 175 00:07:01,240 --> 00:07:06,680 The sentences following a murder conviction may be life imprisonment or even capital punishment 176 00:07:06,680 --> 00:07:09,080 based on the circumstances of the murder. 177 00:07:09,080 --> 00:07:13,040 So capital punishment could be death or life imprisonment or...? 178 00:07:13,040 --> 00:07:17,120 So yeah, in certain states, capital punishment is just the death sentence. 179 00:07:17,120 --> 00:07:19,520 Certain states don't have that, so it would be life. 180 00:07:19,520 --> 00:07:20,520 Okay. 181 00:07:20,520 --> 00:07:21,520 Yes. 182 00:07:21,520 --> 00:07:28,400 In 2019, a study by the United Nations Office on Drug and Crime reported that nearly 464,000 183 00:07:28,400 --> 00:07:30,920 people around the world were killed in homicides. 184 00:07:30,920 --> 00:07:31,920 What? 185 00:07:31,920 --> 00:07:33,880 In 2017, in the year 2017 only. 186 00:07:33,880 --> 00:07:36,120 But just around the world. 187 00:07:36,120 --> 00:07:37,120 But still. 188 00:07:37,120 --> 00:07:38,120 But still, almost one year. 189 00:07:38,120 --> 00:07:39,520 One half a million people in one year. 190 00:07:39,520 --> 00:07:40,520 That's incredible. 191 00:07:40,520 --> 00:07:41,520 Yeah. 192 00:07:41,520 --> 00:07:47,240 So the first type of murder that one can be charged with is aptly named first degree murder. 193 00:07:47,240 --> 00:07:52,560 This murder is premeditated, unlawful, and intentional. 194 00:07:52,560 --> 00:07:56,320 Premeditation requires that the perpetrator either planned the murder before it was committed 195 00:07:56,320 --> 00:07:59,640 or were lying in wait for the victim before attacking. 196 00:07:59,640 --> 00:08:01,720 Isn't that...I think I've also heard that too. 197 00:08:01,720 --> 00:08:04,320 It's a first degree murder while lying in wait. 198 00:08:04,320 --> 00:08:05,320 Yes. 199 00:08:05,320 --> 00:08:06,320 Like it's an added charge. 200 00:08:06,320 --> 00:08:07,320 It's creepy. 201 00:08:07,320 --> 00:08:08,320 Ooh. 202 00:08:08,320 --> 00:08:11,640 So the other type of murder one can be charged with is second degree murder. 203 00:08:11,640 --> 00:08:16,840 This is the act of intentionally and unlawfully killing another person without premeditation. 204 00:08:16,840 --> 00:08:17,840 Hmm. 205 00:08:17,840 --> 00:08:21,640 Although the act of killing is the same in first and second degree murder, the mental 206 00:08:21,640 --> 00:08:26,320 state of the person doing the killing at the time of the crime is said to be different. 207 00:08:26,320 --> 00:08:30,640 That's interesting that we, like as a judicial system, would take that into account. 208 00:08:30,640 --> 00:08:31,640 For sure. 209 00:08:31,640 --> 00:08:36,080 Because I feel like it's, I mean, just like it says here, it's worse if you plan it for 210 00:08:36,080 --> 00:08:37,640 weeks and then you go do it. 211 00:08:37,640 --> 00:08:38,640 Yeah. 212 00:08:38,640 --> 00:08:41,720 Rather than you get mad and there's a knife on the counter and you stab someone and they 213 00:08:41,720 --> 00:08:42,720 die. 214 00:08:42,720 --> 00:08:43,720 Right. 215 00:08:43,720 --> 00:08:44,720 Yeah. 216 00:08:44,720 --> 00:08:47,240 So in the case of the most common distinctions, a homicide that occurs during the commission 217 00:08:47,240 --> 00:08:51,800 of a dangerous crime may be labeled as murder regardless of the perpetrator's intent to 218 00:08:51,800 --> 00:08:53,320 commit murder. 219 00:08:53,320 --> 00:08:55,840 This is known as the felony murder rule. 220 00:08:55,840 --> 00:09:00,760 So essentially like we're going to go buy some drugs and you get killed over it. 221 00:09:00,760 --> 00:09:05,000 You can get charged with murder if you intentionally went to do the crime. 222 00:09:05,000 --> 00:09:06,000 Right. 223 00:09:06,000 --> 00:09:07,000 Yeah. 224 00:09:07,000 --> 00:09:11,800 So if, okay, yeah, like a drug deal gone wrong, but if you're the driver, you can get 225 00:09:11,800 --> 00:09:14,000 charged with your partner's death. 226 00:09:14,000 --> 00:09:15,360 Exactly. 227 00:09:15,360 --> 00:09:19,880 So the felony murder rule essentially states that if someone dies as a result of a different 228 00:09:19,880 --> 00:09:23,520 felony crime, the person who commissioned that crime can be charged with murder. 229 00:09:23,520 --> 00:09:24,960 Oh, just like what I said, but more. 230 00:09:24,960 --> 00:09:25,960 The drug killer. 231 00:09:25,960 --> 00:09:26,960 Yeah, specific. 232 00:09:26,960 --> 00:09:27,960 Yeah. 233 00:09:27,960 --> 00:09:32,520 Lastly, another type of murder one can be charged with is manslaughter. 234 00:09:32,520 --> 00:09:36,560 Manslaughter is a form of homicide in which the person that commits the homicide either 235 00:09:36,560 --> 00:09:40,960 does not intend to kill the victim or kills the victim as a result of circumstances that 236 00:09:40,960 --> 00:09:46,280 would cause a reasonable person to become emotionally or mentally disturbed to the point of potentially 237 00:09:46,280 --> 00:09:48,720 losing control of their actions. 238 00:09:48,720 --> 00:09:49,720 Good job. 239 00:09:49,720 --> 00:09:50,720 Take a breath. 240 00:09:50,720 --> 00:09:51,720 Whoa. 241 00:09:51,720 --> 00:09:53,920 It was like the longest sentence in the world. 242 00:09:53,920 --> 00:09:57,440 So like vehicular manslaughter we've heard that one before that's like you strike someone 243 00:09:57,440 --> 00:10:02,320 with your car, but you know, it was not necessarily malintended. 244 00:10:02,320 --> 00:10:03,320 Yes. 245 00:10:03,320 --> 00:10:08,560 And yeah, you can be, you can still be charged because you were what, maybe not paying attention. 246 00:10:08,560 --> 00:10:09,840 Definitely. 247 00:10:09,840 --> 00:10:14,520 So the distinction between murder and manslaughter is said to have first been made by ancient 248 00:10:14,520 --> 00:10:18,360 Athenian lawmaker Draco in the 7th century BC. 249 00:10:18,360 --> 00:10:19,360 Whoa. 250 00:10:19,360 --> 00:10:22,480 And the penalty for manslaughter is usually last in that of murder. 251 00:10:22,480 --> 00:10:24,680 But yeah, that's how long ago did they make that distinction? 252 00:10:24,680 --> 00:10:25,680 Yeah. 253 00:10:25,680 --> 00:10:26,680 Well, you didn't mean to. 254 00:10:26,680 --> 00:10:27,680 So we're not going to kill you. 255 00:10:27,680 --> 00:10:28,680 You didn't mean to. 256 00:10:28,680 --> 00:10:29,680 Yeah. 257 00:10:29,680 --> 00:10:30,680 You were, this is a crime of the passion. 258 00:10:30,680 --> 00:10:31,680 Yeah. 259 00:10:31,680 --> 00:10:32,680 Well, that would be second degree. 260 00:10:32,680 --> 00:10:33,680 That would be second degree. 261 00:10:33,680 --> 00:10:38,800 But this is when it was just like if someone died and you were responsible, you were a 262 00:10:38,800 --> 00:10:40,440 murderer, it didn't matter what. 263 00:10:40,440 --> 00:10:41,440 That's it. 264 00:10:41,440 --> 00:10:42,440 That's it. 265 00:10:42,440 --> 00:10:44,440 This guy invented manslaughter. 266 00:10:44,440 --> 00:10:45,440 Invented. 267 00:10:45,440 --> 00:10:50,080 So there are actually two broad categories of manslaughter. 268 00:10:50,080 --> 00:10:53,240 The first one is voluntary manslaughter. 269 00:10:53,240 --> 00:10:58,360 This is the intentional, unpremeditated killing of another person as the result of a disturbed 270 00:10:58,360 --> 00:11:00,400 state of mind or heat of passion. 271 00:11:00,400 --> 00:11:04,520 So kind of like a passion, a killing of passion, but it's kind of different when it comes into 272 00:11:04,520 --> 00:11:05,520 it. 273 00:11:05,520 --> 00:11:09,440 So you think that, where do you think Mun Chow's and Biproxy would fit in there? 274 00:11:09,440 --> 00:11:11,000 I think that would... 275 00:11:11,000 --> 00:11:15,560 Like if you harmed your child to death, but you didn't really necessarily intend to kill 276 00:11:15,560 --> 00:11:16,560 them. 277 00:11:16,560 --> 00:11:20,680 I think that would fall into a defense rather than a charge. 278 00:11:20,680 --> 00:11:22,840 Like I feel like you would have to claim like insanity or something. 279 00:11:22,840 --> 00:11:23,840 I see. 280 00:11:23,840 --> 00:11:24,840 Yeah. 281 00:11:24,840 --> 00:11:25,840 I don't know what they would be charged with though. 282 00:11:25,840 --> 00:11:29,440 Yeah, you would have to claim like some type of mental disorder. 283 00:11:29,440 --> 00:11:30,560 Yeah. 284 00:11:30,560 --> 00:11:34,960 So the second category is aptly named involuntary manslaughter. 285 00:11:34,960 --> 00:11:39,080 This is the unintentional killing of another person through an act of recklessness that 286 00:11:39,080 --> 00:11:43,640 shows indifference to the lives and safety of others or an act of negligence that could 287 00:11:43,640 --> 00:11:46,400 be reasonably foreseen to result in death. 288 00:11:46,400 --> 00:11:54,160 So that reminds me of that Paul Murdoch, the Alec Murdoch's son in the Bodhi accident. 289 00:11:54,160 --> 00:11:55,160 Absolutely, and that girl died. 290 00:11:55,160 --> 00:11:56,440 Yes, absolutely. 291 00:11:56,440 --> 00:12:01,960 Same kind of thing if it's like you're planning a gun and you pull the trigger and someone 292 00:12:01,960 --> 00:12:02,960 dies. 293 00:12:02,960 --> 00:12:05,560 You're being negligent because you should have unloaded it right if you were cleaning 294 00:12:05,560 --> 00:12:06,560 it, something like that. 295 00:12:06,560 --> 00:12:11,360 Well now there's a lot of parents being charged for not safely keeping their guns away from 296 00:12:11,360 --> 00:12:15,160 their kids and their kids fucking around with these guns and killing another neighborhood 297 00:12:15,160 --> 00:12:16,160 kid. 298 00:12:16,160 --> 00:12:17,160 Yeah. 299 00:12:17,160 --> 00:12:22,000 And the dads are now, and the moms are being charged with manslaughter because they, you 300 00:12:22,000 --> 00:12:24,680 know, I mean some of them have been charged for murder. 301 00:12:24,680 --> 00:12:28,640 Yeah, I've even heard cases of the moms being charged or the parents being charged when they 302 00:12:28,640 --> 00:12:32,920 neglected to report that their kid was making threats and they go shoot their school out. 303 00:12:32,920 --> 00:12:39,440 You know, it's awful. 304 00:12:39,440 --> 00:12:42,680 When I think about the latest trends, I think Spencer's. 305 00:12:42,680 --> 00:12:47,520 Spencer's has been a mall must visit since its first store opened in 1963. 306 00:12:47,520 --> 00:12:51,800 From then, Spencer's has always stocked the most unique and buzz-worthy products, including 307 00:12:51,800 --> 00:12:56,560 but not limited to their wide range of Lotto lamps, their Bodhi jewelry cases, and of course 308 00:12:56,560 --> 00:12:58,680 their infamous wallet wall. 309 00:12:58,680 --> 00:13:02,400 And don't forget about their 18 and up section dedicated to sexual health. 310 00:13:02,400 --> 00:13:04,760 Did I mention their humanitarian work? 311 00:13:04,760 --> 00:13:08,680 Spencer's has been partnered with the ACLU for years in an effort to protect individual 312 00:13:08,680 --> 00:13:12,880 rights as well as other nonprofits such as cancer. 313 00:13:12,880 --> 00:13:18,240 With over 670 locations in the US, Spencer's is the hottest place for trends even after 314 00:13:18,240 --> 00:13:19,720 75 years. 315 00:13:19,720 --> 00:13:23,080 Click the link in the show notes to receive an exclusive offer today. 316 00:13:23,080 --> 00:13:30,680 Spencer's, life's a party and we're making it fun. 317 00:13:30,680 --> 00:13:35,720 The act that results in deaths may be intentional, such as pushing somebody in anger, but their 318 00:13:35,720 --> 00:13:38,480 deaths like them falling and hitting their head is not. 319 00:13:38,480 --> 00:13:41,320 Oh my gosh, that teacher today. 320 00:13:41,320 --> 00:13:42,320 Do you hear about that? 321 00:13:42,320 --> 00:13:43,320 No. 322 00:13:43,320 --> 00:13:44,320 Brandeis High School? 323 00:13:44,320 --> 00:13:49,520 Well, the student won't be charged because they have some kind of cognitive deficiency. 324 00:13:49,520 --> 00:13:55,320 But he's a 73-year-old educator that got knocked over and he hit his head and that was on the 325 00:13:55,320 --> 00:13:57,000 7th and he just passed away. 326 00:13:57,000 --> 00:13:59,080 Oh my god, that's awful. 327 00:13:59,080 --> 00:14:02,160 But it's like you can't charge someone for that, right? 328 00:14:02,160 --> 00:14:08,840 I mean, this kid has, like I said, a cognitive deficiency of some kind that they're not responsible 329 00:14:08,840 --> 00:14:09,840 for it. 330 00:14:09,840 --> 00:14:13,800 And in certain situations, just like that, I'm meaning to push you but I'm not meaning 331 00:14:13,800 --> 00:14:14,800 to kill you. 332 00:14:14,800 --> 00:14:16,840 Oh my gosh, that happened at that bar. 333 00:14:16,840 --> 00:14:17,840 Remember? 334 00:14:17,840 --> 00:14:18,840 No. 335 00:14:18,840 --> 00:14:19,840 But that's really scary. 336 00:14:19,840 --> 00:14:20,840 It is scary. 337 00:14:20,840 --> 00:14:23,840 I'm like, it's scary. 338 00:14:23,840 --> 00:14:27,320 That's so scary. 339 00:14:27,320 --> 00:14:28,520 That's bad. 340 00:14:28,520 --> 00:14:33,520 So in some jurisdictions, there is a third category of constructive manslaughter in which 341 00:14:33,520 --> 00:14:38,520 a person may be charged with causing death without intention but as a result of violating 342 00:14:38,520 --> 00:14:40,880 an important safety law or regulation. 343 00:14:40,880 --> 00:14:42,320 I have never heard of this. 344 00:14:42,320 --> 00:14:43,320 Yeah, me either. 345 00:14:43,320 --> 00:14:45,240 Would this be like falling off a ladder or something? 346 00:14:45,240 --> 00:14:46,240 Exactly. 347 00:14:46,240 --> 00:14:50,840 If you're making it constructive, like literally, if you're at a construction site and you 348 00:14:50,840 --> 00:14:53,280 don't make your guys wear hard heads and then someone dies. 349 00:14:53,280 --> 00:14:54,280 You know what I mean? 350 00:14:54,280 --> 00:14:59,280 You're making your guys wear hard hats. 351 00:14:59,280 --> 00:15:02,280 Hard hats. 352 00:15:02,280 --> 00:15:05,280 And you didn't... 353 00:15:05,280 --> 00:15:06,280 You didn't... 354 00:15:06,280 --> 00:15:10,280 You didn't hire guys with hard enough heads. 355 00:15:10,280 --> 00:15:16,080 You're liable because you didn't hire hard heads. 356 00:15:16,080 --> 00:15:21,280 You didn't test out the hardness of their head before they got hired. 357 00:15:21,280 --> 00:15:23,360 Oh man, okay. 358 00:15:23,360 --> 00:15:24,360 I'm sweating. 359 00:15:24,360 --> 00:15:26,360 I had to take my blanket off of me. 360 00:15:26,360 --> 00:15:30,760 I got so sweaty because I was sweating too hard. 361 00:15:30,760 --> 00:15:34,800 You didn't make your guys wear hard hats at the construction site and someone died. 362 00:15:34,800 --> 00:15:35,800 Hilarious. 363 00:15:35,800 --> 00:15:36,800 Hilarious. 364 00:15:36,800 --> 00:15:37,800 Oh no. 365 00:15:37,800 --> 00:15:38,800 Okay. 366 00:15:38,800 --> 00:15:39,800 So... 367 00:15:39,800 --> 00:15:41,800 Go ahead. 368 00:15:41,800 --> 00:15:43,320 So yeah, okay. 369 00:15:43,320 --> 00:15:44,560 Essentially what you were saying. 370 00:15:44,560 --> 00:15:49,880 Yeah, so if they don't have proper training or equipment or things like that. 371 00:15:49,880 --> 00:15:56,280 Or even like going through the laws like if you're on a boat or something and you don't 372 00:15:56,280 --> 00:15:59,960 do your safety procedures and then the boat sinks or whatever. 373 00:15:59,960 --> 00:16:00,960 Anything like that. 374 00:16:00,960 --> 00:16:01,960 Makes sense. 375 00:16:01,960 --> 00:16:06,240 Not all homicides are crimes or subject to criminal prosecution. 376 00:16:06,240 --> 00:16:10,360 In certain instances, the perpetrator can use a defense to suggest they should not be 377 00:16:10,360 --> 00:16:12,160 punished for their crime. 378 00:16:12,160 --> 00:16:15,440 So we're going to talk about some common defenses that are used. 379 00:16:15,440 --> 00:16:19,860 So self-defense is one of them in which somebody causes the death of another person to prevent 380 00:16:19,860 --> 00:16:21,760 themselves from being harmed. 381 00:16:21,760 --> 00:16:23,920 That's probably got to be like the number one defense. 382 00:16:23,920 --> 00:16:24,920 It has to be. 383 00:16:24,920 --> 00:16:26,080 I don't see why it wouldn't be. 384 00:16:26,080 --> 00:16:28,280 I mean that makes a lot of sense. 385 00:16:28,280 --> 00:16:31,720 And I'm sure any defense attorney can be like... 386 00:16:31,720 --> 00:16:32,720 Well, so def... 387 00:16:32,720 --> 00:16:33,720 You know, like... 388 00:16:33,720 --> 00:16:35,720 Yeah, exactly. 389 00:16:35,720 --> 00:16:39,560 Another one is mental incapacity in which a defendant may attempt to prove that they 390 00:16:39,560 --> 00:16:44,000 are not criminally responsible for a homicide due to a mental disorder, otherwise known 391 00:16:44,000 --> 00:16:47,720 as maybe the insanity plea, insanity defense. 392 00:16:47,720 --> 00:16:52,040 Early incompetent killers may be involuntarily committed to a mental health facility in lieu 393 00:16:52,040 --> 00:16:53,040 of criminal trial. 394 00:16:53,040 --> 00:16:54,040 But I thought that was interesting. 395 00:16:54,040 --> 00:16:56,400 It's like you don't even have to go through trial. 396 00:16:56,400 --> 00:17:00,040 If you can prove that, you just go straight to the hospital. 397 00:17:00,040 --> 00:17:04,760 Mental health and development are often taken into consideration during sentencing. 398 00:17:04,760 --> 00:17:09,200 For example, in the United States, the death penalty cannot be applied to convicted murderers 399 00:17:09,200 --> 00:17:10,720 with intellectual disabilities. 400 00:17:10,720 --> 00:17:12,200 I would think that... 401 00:17:12,200 --> 00:17:15,240 Although Andre Thomas is still on death row, just fucking saying. 402 00:17:15,240 --> 00:17:16,240 Yeah. 403 00:17:16,240 --> 00:17:18,120 I would think that a lot... 404 00:17:18,120 --> 00:17:21,520 I mean, of course, everybody's mental health should be taken into account, but I feel like 405 00:17:21,520 --> 00:17:31,520 the reason that that is is because most people would think that humans are inherently incapable 406 00:17:31,520 --> 00:17:32,520 of that. 407 00:17:32,520 --> 00:17:37,520 And I understand that it is like it can be a fight or flight response in certain situations, 408 00:17:37,520 --> 00:17:42,200 but I think that's why it's so intriguing to us and especially why it's very important 409 00:17:42,200 --> 00:17:45,320 to get that mental evaluation right at the beginning of the court process. 410 00:17:45,320 --> 00:17:49,800 Because again, you would think that someone that has the ability to murder, especially 411 00:17:49,800 --> 00:17:52,120 multiple people, must be out of their minds. 412 00:17:52,120 --> 00:17:53,840 Of course, because why else would you do that? 413 00:17:53,840 --> 00:17:54,840 Right. 414 00:17:54,840 --> 00:17:55,840 Although it's very... 415 00:17:55,840 --> 00:17:56,840 And we've talked about this before. 416 00:17:56,840 --> 00:18:01,120 It's very hard to get the insanity defense approved or processed. 417 00:18:01,120 --> 00:18:03,240 It's like that Katja dollar guy. 418 00:18:03,240 --> 00:18:04,240 Yeah. 419 00:18:04,240 --> 00:18:05,240 Just dangling in front of you. 420 00:18:05,240 --> 00:18:06,240 Yeah. 421 00:18:06,240 --> 00:18:07,240 This is an option here. 422 00:18:07,240 --> 00:18:08,240 No, really. 423 00:18:08,240 --> 00:18:12,000 So, another type of defense is the defense of infancy. 424 00:18:12,000 --> 00:18:16,120 This can be used when a young child is the perpetrator of a homicide. 425 00:18:16,120 --> 00:18:20,600 The age of majority is different in every jurisdiction, but at the federal level in 426 00:18:20,600 --> 00:18:25,880 the United States, the minimum age of delinquency is 11, meaning that no child under that age 427 00:18:25,880 --> 00:18:27,640 can be convicted of murder. 428 00:18:27,640 --> 00:18:35,160 So even if a kid was playing with a gun and he's like six, you couldn't really do anything. 429 00:18:35,160 --> 00:18:39,400 Even if a six-year-old purposely killed someone with a gun, they could not be convicted of 430 00:18:39,400 --> 00:18:41,320 murder. 431 00:18:41,320 --> 00:18:45,080 Every country has a different minimum age for this requirement, but none go under the 432 00:18:45,080 --> 00:18:46,080 age of seven. 433 00:18:46,080 --> 00:18:47,080 Yeah. 434 00:18:47,080 --> 00:18:50,400 I'm not saying that maybe we should just imprison six-year-olds. 435 00:18:50,400 --> 00:18:52,880 I'm just saying, you know. 436 00:18:52,880 --> 00:18:53,880 Maybe look into it. 437 00:18:53,880 --> 00:18:54,880 Yeah, that's all. 438 00:18:54,880 --> 00:18:55,880 Just saying. 439 00:18:55,880 --> 00:18:57,760 Mental illness can be discovered very early. 440 00:18:57,760 --> 00:18:59,400 It's true. 441 00:18:59,400 --> 00:19:03,920 Depending on the case, a person under the age of 18 may be sentenced to juvenile prison 442 00:19:03,920 --> 00:19:09,200 or be tried as an adult and sent to the big house depending on the circumstances. 443 00:19:09,200 --> 00:19:14,240 And lastly, justifiable homicide or privilege is a defense that's widely used. 444 00:19:14,240 --> 00:19:18,480 This means that due to the circumstances, although a homicide occurs, the act of killing 445 00:19:18,480 --> 00:19:20,440 is not unlawful. 446 00:19:20,440 --> 00:19:25,560 For example, a police officer killing a dangerous suspect or a military member killing in war. 447 00:19:25,560 --> 00:19:26,560 Yeah. 448 00:19:26,560 --> 00:19:29,200 Although it would be rare for them to go to court over that. 449 00:19:29,200 --> 00:19:30,200 Yeah. 450 00:19:30,200 --> 00:19:31,200 Like, I don't know. 451 00:19:31,200 --> 00:19:36,320 I feel like more now, you know, we're definitely seeing more police officers being held accountable 452 00:19:36,320 --> 00:19:37,320 for their actions. 453 00:19:37,320 --> 00:19:38,320 For sure. 454 00:19:38,320 --> 00:19:39,320 Yeah, for sure. 455 00:19:39,320 --> 00:19:41,720 And that's why it needs to be investigated, of course. 456 00:19:41,720 --> 00:19:43,760 And that's why body cam footage is so essential. 457 00:19:43,760 --> 00:19:45,080 Yeah, I agree. 458 00:19:45,080 --> 00:19:49,000 So next, we want to talk about, or I want to talk about, there's 50 different types 459 00:19:49,000 --> 00:19:53,040 of homicide that describe different circumstances in which to kill somebody. 460 00:19:53,040 --> 00:19:54,040 50? 461 00:19:54,040 --> 00:19:56,520 50 different types, but I'm just going to talk about a few because that would be way too 462 00:19:56,520 --> 00:19:57,520 much. 463 00:19:57,520 --> 00:19:58,520 That's a lot. 464 00:19:58,520 --> 00:20:00,120 And I'm probably going to butcher all of these. 465 00:20:00,120 --> 00:20:03,920 Oh yeah, I can't wait. 466 00:20:03,920 --> 00:20:04,920 Oven-solicide. 467 00:20:04,920 --> 00:20:05,920 Ooh. 468 00:20:05,920 --> 00:20:09,040 Oven-solicide is the act of killing one's uncle. 469 00:20:09,040 --> 00:20:10,040 Oven-solicide? 470 00:20:10,040 --> 00:20:11,040 Like your own uncle. 471 00:20:11,040 --> 00:20:12,040 Yes. 472 00:20:12,040 --> 00:20:13,040 Oven-cool-a-side, maybe. 473 00:20:13,040 --> 00:20:14,040 I have Oven-cool-a-side. 474 00:20:14,040 --> 00:20:15,040 Oven-cool-a-side. 475 00:20:15,040 --> 00:20:18,600 You killed your uncle. 476 00:20:18,600 --> 00:20:19,600 Oven-cool-a-side. 477 00:20:19,600 --> 00:20:20,600 I think this is, yeah, Oven-cool-a-side. 478 00:20:20,600 --> 00:20:22,600 Actually, I'm not even joking. 479 00:20:22,600 --> 00:20:23,600 It might be Oven-cool-a-side. 480 00:20:23,600 --> 00:20:24,600 Oven-cool-a-side. 481 00:20:24,600 --> 00:20:25,600 I think it's like Simon and Garfunkel. 482 00:20:25,600 --> 00:20:26,600 I want that on a band-team. 483 00:20:26,600 --> 00:20:27,600 Okay. 484 00:20:27,600 --> 00:20:28,600 Simon and Garfunkel-a-side. 485 00:20:28,600 --> 00:20:36,120 I want that on a band-team, Simon and Garfunkel-a-side. 486 00:20:36,120 --> 00:20:38,600 So the act of killing one's uncle. 487 00:20:38,600 --> 00:20:43,920 Familicide is a multiple-victim homicide where a killer's spouse and children are slain. 488 00:20:43,920 --> 00:20:45,840 Think Chris Watts. 489 00:20:45,840 --> 00:20:47,840 Think who else have we done? 490 00:20:47,840 --> 00:20:48,840 Scott Peterson. 491 00:20:48,840 --> 00:20:51,400 Yeah, Scott Peterson. 492 00:20:51,400 --> 00:20:57,040 Filicide is the act of a parent killing their child, whereas Fratricide is the act of killing 493 00:20:57,040 --> 00:21:01,920 a brother or in military context, death by friendly fire. 494 00:21:01,920 --> 00:21:02,920 Fratricide. 495 00:21:02,920 --> 00:21:03,920 Fratricide. 496 00:21:03,920 --> 00:21:04,920 Frat. 497 00:21:04,920 --> 00:21:05,920 Like a fraternity. 498 00:21:05,920 --> 00:21:06,920 Fratricide. 499 00:21:06,920 --> 00:21:07,920 Fratricide. 500 00:21:07,920 --> 00:21:08,920 That's hard to say. 501 00:21:08,920 --> 00:21:14,400 Geronticide is the abandonment of the elderly to die or be killed, while an honor killing 502 00:21:14,400 --> 00:21:20,640 is the act of murdering a family member perceived to have brought disgrace to the family. 503 00:21:20,640 --> 00:21:25,320 Seen aside is the act of killing one's elderly family members when they can no longer work 504 00:21:25,320 --> 00:21:28,320 or have become a burden, which is fucked up. 505 00:21:28,320 --> 00:21:29,320 Whoa. 506 00:21:29,320 --> 00:21:30,320 Yeah. 507 00:21:30,320 --> 00:21:36,800 A miss aside is the act of killing a friend, while Andricide is the systematic killing 508 00:21:36,800 --> 00:21:37,800 of men. 509 00:21:37,800 --> 00:21:38,800 Whoa. 510 00:21:38,800 --> 00:21:41,160 He's hasn't booked it. 511 00:21:41,160 --> 00:21:45,000 Assassination is the act of killing a prominent person for either political, religious, or 512 00:21:45,000 --> 00:21:46,480 monetary reasons. 513 00:21:46,480 --> 00:21:48,160 You did an episode on that, didn't you? 514 00:21:48,160 --> 00:21:51,240 Yes, assassinations and contract killers. 515 00:21:51,240 --> 00:21:52,240 Yeah, contract killers. 516 00:21:52,240 --> 00:21:54,280 That was an interesting episode. 517 00:21:54,280 --> 00:21:58,960 Political damage are deaths during wartime due to imprecise or incorrect targeting or 518 00:21:58,960 --> 00:22:00,560 friendly fire. 519 00:22:00,560 --> 00:22:01,560 War crimes. 520 00:22:01,560 --> 00:22:02,560 Yes. 521 00:22:02,560 --> 00:22:08,840 Democide or populicide is the murder of any person or people by a government. 522 00:22:08,840 --> 00:22:15,600 Feticide is the act of killing an embryo or fetus, and fragging is the act of killing 523 00:22:15,600 --> 00:22:17,520 a fellow soldier. 524 00:22:17,520 --> 00:22:18,520 Fragging. 525 00:22:18,520 --> 00:22:19,520 Fragging. 526 00:22:19,520 --> 00:22:21,840 I think I've only heard that term in like video games. 527 00:22:21,840 --> 00:22:28,280 Moving on, gender side is the act of killing members of a specific sex or gender, and omniside 528 00:22:28,280 --> 00:22:33,680 is the act of killing all humans or to create intentional extinction of the human species. 529 00:22:33,680 --> 00:22:34,680 Oh shit. 530 00:22:34,680 --> 00:22:35,680 That's terrifying. 531 00:22:35,680 --> 00:22:36,680 Omniside. 532 00:22:36,680 --> 00:22:37,680 Omniside. 533 00:22:37,680 --> 00:22:41,240 That's like fucking pans ram. 534 00:22:41,240 --> 00:22:42,240 Is that? 535 00:22:42,240 --> 00:22:45,560 He was like, no, I'm just gonna destroy the whole earth. 536 00:22:45,560 --> 00:22:46,560 Wow. 537 00:22:46,560 --> 00:22:47,560 He was like that. 538 00:22:47,560 --> 00:22:48,560 He's a big guy. 539 00:22:48,560 --> 00:22:50,840 You ready for this next one? 540 00:22:50,840 --> 00:22:52,800 I don't know. 541 00:22:52,800 --> 00:22:56,600 Xenocide is the genocide of an entire alien species. 542 00:22:56,600 --> 00:22:57,600 Whoa. 543 00:22:57,600 --> 00:23:03,000 It's so funny how these words have names, but like, as far as I know, that's never happened. 544 00:23:03,000 --> 00:23:04,000 No. 545 00:23:04,000 --> 00:23:07,560 I mean, you could just, etymology, right? 546 00:23:07,560 --> 00:23:09,360 You can just kind of base it off of that. 547 00:23:09,360 --> 00:23:10,360 Exactly. 548 00:23:10,360 --> 00:23:11,360 Just create a word. 549 00:23:11,360 --> 00:23:16,120 Deicide is the killing of a god, divine being, or deity. 550 00:23:16,120 --> 00:23:17,120 Papachad. 551 00:23:17,120 --> 00:23:18,120 Papachad. 552 00:23:18,120 --> 00:23:19,120 Papachad. 553 00:23:19,120 --> 00:23:25,040 Papachad is the killing of a pope while Regicide is the killing of a ruler or king or queen. 554 00:23:25,040 --> 00:23:26,640 I think Pappyside is- 555 00:23:26,640 --> 00:23:27,640 Pappy, it's P-A-P-I. 556 00:23:27,640 --> 00:23:29,640 Oh, so it's like Boppy. 557 00:23:29,640 --> 00:23:30,640 Boppyside. 558 00:23:30,640 --> 00:23:31,640 Boppyside. 559 00:23:31,640 --> 00:23:40,640 Died with this fucking episode. 560 00:23:40,640 --> 00:23:46,000 Tyrannicide is the killing of a tyrant, and Magnicide is the killing of a major political 561 00:23:46,000 --> 00:23:48,600 figure like JFK. 562 00:23:48,600 --> 00:23:52,920 So I have just a couple more stats about just homicide in general. 563 00:23:52,920 --> 00:23:59,480 In 2020, there were 18,439 cases of single homicide in the US. 564 00:23:59,480 --> 00:24:08,360 There were 695 cases of multiple homicide and 571 cases of homicide followed by suicide. 565 00:24:08,360 --> 00:24:12,640 This led to an overall homicide rate of 7.5 per 100,000 people. 566 00:24:12,640 --> 00:24:13,640 Oh my gosh. 567 00:24:13,640 --> 00:24:14,640 Yeah. 568 00:24:14,640 --> 00:24:17,040 Oh, need a palate cleanser after this episode. 569 00:24:17,040 --> 00:24:20,640 So every state has different sentencing for different types of murder. 570 00:24:20,640 --> 00:24:24,800 Since we are based in Texas, I'm just going to talk about our sentences. 571 00:24:24,800 --> 00:24:25,800 Texas. 572 00:24:25,800 --> 00:24:26,800 Texas. 573 00:24:26,800 --> 00:24:31,880 In Texas, the mandatory sentencing for a second degree murder is 5 to 99 years with the convicted 574 00:24:31,880 --> 00:24:37,800 being eligible for parole after half of the sentence or 30 years, whichever comes first. 575 00:24:37,800 --> 00:24:41,600 Life sentencing can also be given for a second degree murder, but the defendant must serve 576 00:24:41,600 --> 00:24:45,720 30 years before being eligible for parole. 577 00:24:45,720 --> 00:24:49,640 For capital murder or first degree murder, the mandatory sentencing is death or life 578 00:24:49,640 --> 00:24:51,880 without the possibility of parole. 579 00:24:51,880 --> 00:24:57,160 However the defendant can be eligible for parole after 40 years if they were under 18 580 00:24:57,160 --> 00:25:00,280 or had been sentenced to life before September 1st, 2005. 581 00:25:00,280 --> 00:25:01,280 Interesting. 582 00:25:01,280 --> 00:25:03,520 So that's when that went into place. 583 00:25:03,520 --> 00:25:07,520 Of course, murder is the crime that carries the most serious penalty, pretty much anywhere 584 00:25:07,520 --> 00:25:08,520 it's committed. 585 00:25:08,520 --> 00:25:12,760 However, there are some other crimes that hold some serious weight when it comes to sentencing. 586 00:25:12,760 --> 00:25:15,680 So I'm going to just pepper these in there as well. 587 00:25:15,680 --> 00:25:20,720 Following murder, drug crimes carry the next largest sentences. 588 00:25:20,720 --> 00:25:23,920 Depending on the type of drug that's involved in the crime, the sentence for drug possession 589 00:25:23,920 --> 00:25:25,520 varies. 590 00:25:25,520 --> 00:25:30,560 Having possession of drugs in group 4 is a class B misdemeanor for less than 28 grams. 591 00:25:30,560 --> 00:25:34,840 These include morphine and opium, which can come with a sentence of up to 6 months in 592 00:25:34,840 --> 00:25:38,000 jail and a $2,000 fine without a prescription. 593 00:25:38,000 --> 00:25:39,280 I didn't mean to boo that. 594 00:25:39,280 --> 00:25:40,280 I know. 595 00:25:40,280 --> 00:25:41,520 Boo, drugs and kill people. 596 00:25:41,520 --> 00:25:43,360 Let heroin run our streets. 597 00:25:43,360 --> 00:25:50,440 I feel like there's some law reforms that we could probably have out there, especially 598 00:25:50,440 --> 00:25:52,800 for minor infractions. 599 00:25:52,800 --> 00:25:55,480 But a heroin. 600 00:25:55,480 --> 00:26:00,840 Larger quantities can be punished by 5 to 99 years in prison and a max $50,000 fine for 601 00:26:00,840 --> 00:26:01,840 morphine and opium. 602 00:26:01,840 --> 00:26:04,040 See that like, well, yeah. 603 00:26:04,040 --> 00:26:05,880 But that can ruin lives in some cases too. 604 00:26:05,880 --> 00:26:06,880 Absolutely. 605 00:26:06,880 --> 00:26:08,400 Because you'll never get out of that hole. 606 00:26:08,400 --> 00:26:09,640 For sure. 607 00:26:09,640 --> 00:26:13,160 Possession of drugs in group 3 in small amounts is a misdemeanor. 608 00:26:13,160 --> 00:26:18,120 These drugs include valium and riddlein, and punishment starts at one year and a $4,000 609 00:26:18,120 --> 00:26:23,160 fine. 610 00:26:23,160 --> 00:26:28,320 For larger quantities of over 400 grams, sentencing can be up to 99 years in prison and 611 00:26:28,320 --> 00:26:30,920 fines of $50,000. 612 00:26:30,920 --> 00:26:34,680 For group 2 possession, felony charges are punishment. 613 00:26:34,680 --> 00:26:40,240 These drugs include PCP and ecstasy, and punishment includes 6 months to 2 years in jail and a 614 00:26:40,240 --> 00:26:44,080 fine of up to $10,000 if you have less than a gram. 615 00:26:44,080 --> 00:26:50,400 If you have more than 400 grams, which is wild, you can get 5 to 99 years and fines up to 616 00:26:50,400 --> 00:26:51,400 $50,000. 617 00:26:51,400 --> 00:26:52,400 Wow. 618 00:26:52,400 --> 00:26:55,560 One can assume that would be like with intent to distribute. 619 00:26:55,560 --> 00:26:56,560 Oh, absolutely. 620 00:26:56,560 --> 00:26:57,560 Yeah. 621 00:26:57,560 --> 00:26:58,560 Like you're not just gonna do all that by yourself. 622 00:26:58,560 --> 00:26:59,560 I don't know. 623 00:26:59,560 --> 00:27:03,720 But still, they can at least charge you with that, especially if it was an individual. 624 00:27:03,720 --> 00:27:04,720 Yeah. 625 00:27:04,720 --> 00:27:05,720 For sure. 626 00:27:05,720 --> 00:27:11,400 Lastly, in the drugs, group 1 and 1A include serious drugs such as heroin and cocaine, 627 00:27:11,400 --> 00:27:16,920 and penalties for these begin at 6 months to 2 years in jail and up to a $10,000 fine. 628 00:27:16,920 --> 00:27:22,120 However, if you have more than 400 grams of these drugs, you can receive 10 to 99 years 629 00:27:22,120 --> 00:27:25,000 in prison and a fine as high as $100,000. 630 00:27:25,000 --> 00:27:26,000 Wow. 631 00:27:26,000 --> 00:27:27,000 It's pretty wild. 632 00:27:27,000 --> 00:27:28,000 That is. 633 00:27:28,000 --> 00:27:31,160 Sexual assault, of course, also carries a large sentence. 634 00:27:31,160 --> 00:27:35,440 If the victim is over the age of 16, the sentence may include any number of years in prison 635 00:27:35,440 --> 00:27:36,800 to life. 636 00:27:36,800 --> 00:27:42,400 If the victim is younger than 16, the minimum sentence begins at 30 years to life. 637 00:27:42,400 --> 00:27:46,300 Kidnapping can carry a sentence of 25 years or longer with massive fines and penalties 638 00:27:46,300 --> 00:27:47,800 after leaving prison. 639 00:27:47,800 --> 00:27:52,320 However, kidnapping charges usually involves being charged with other crimes as well, giving 640 00:27:52,320 --> 00:27:54,360 way for a much larger sentence. 641 00:27:54,360 --> 00:27:55,360 Yeah. 642 00:27:55,360 --> 00:27:59,840 First-degree arson can carry a sentence for up to 25 years and has a potential fine of 643 00:27:59,840 --> 00:28:02,280 up to $20,000. 644 00:28:02,280 --> 00:28:05,880 Prison is so heavily sentenced because it usually puts human lives in danger. 645 00:28:05,880 --> 00:28:06,880 For sure. 646 00:28:06,880 --> 00:28:08,600 Yeah, it's endangering other people. 647 00:28:08,600 --> 00:28:13,000 And lastly, government fraud is a crime punishable by up to 20 years in prison. 648 00:28:13,000 --> 00:28:14,960 That white collar crime. 649 00:28:14,960 --> 00:28:19,400 While all of these crimes carry large sentences, of course, murder is the absolute highest 650 00:28:19,400 --> 00:28:20,400 one. 651 00:28:20,400 --> 00:28:22,880 And that is all I have for today. 652 00:28:22,880 --> 00:28:23,880 That was really interesting. 653 00:28:23,880 --> 00:28:24,880 I think it was. 654 00:28:24,880 --> 00:28:25,880 It was. 655 00:28:25,880 --> 00:28:26,880 It was a wild ride. 656 00:28:26,880 --> 00:28:27,880 I'm surprised we're here. 657 00:28:27,880 --> 00:28:32,760 It took us probably an hour to film or to record a 30-minute episode because we had to keep 658 00:28:32,760 --> 00:28:33,760 pausing. 659 00:28:33,760 --> 00:28:34,760 A lot. 660 00:28:34,760 --> 00:28:36,800 But yeah, that's all that I have for today. 661 00:28:36,800 --> 00:28:38,480 Well, thank you for bringing the topic. 662 00:28:38,480 --> 00:28:40,760 Mac is freaking out in the background. 663 00:28:40,760 --> 00:28:41,760 It happens. 664 00:28:41,760 --> 00:28:47,160 Well, check it us out on Thursday for another case coming your way. 665 00:28:47,160 --> 00:28:50,880 Then we have the Patreon coming up sometime at the end of the month. 666 00:28:50,880 --> 00:28:53,480 And just be on the lookout for any updates. 667 00:28:53,480 --> 00:28:58,360 We might have some new announcements later on this week or next week. 668 00:28:58,360 --> 00:28:59,360 So yeah, stay tuned. 669 00:28:59,360 --> 00:29:03,640 Check us out on social media anywhere at Diagnosing a Killer, other than ex formerly known as 670 00:29:03,640 --> 00:29:07,360 Twitter, which is at Killer Diagnosis. 671 00:29:07,360 --> 00:29:08,360 Thanks for joining us. 672 00:29:08,360 --> 00:29:09,960 We will talk to you guys next time. 673 00:29:09,960 --> 00:29:10,960 Yeah. 674 00:29:10,960 --> 00:29:11,960 Love you. 675 00:29:11,960 --> 00:29:12,960 Bye. 676 00:29:12,960 --> 00:29:13,960 Love you. 677 00:29:13,960 --> 00:29:14,960 Bye. 678 00:29:14,960 --> 00:29:15,960 Bye. 679 00:29:15,960 --> 00:29:16,960 Bye. 680 00:29:16,960 --> 00:29:17,960 Bye. 681 00:29:17,960 --> 00:29:21,960 Born and brewed in Southern California since 1963, the coffee bean and tea leaf has 682 00:29:21,960 --> 00:29:27,680 always been passionate about connecting loyal customers with carefully handcrafted products. 683 00:29:27,680 --> 00:29:28,840 Their coffee master, J.I. 684 00:29:28,840 --> 00:29:34,320 Zaeus, only selects the top 1% of Arabica beans from the world's best growing regions, 685 00:29:34,320 --> 00:29:37,960 giving customers the best quality product every time. 686 00:29:37,960 --> 00:29:41,880 Whether you're looking for a dark roast to liven up your day or a soothing tea to relax 687 00:29:41,880 --> 00:29:45,560 into the night, the coffee bean and tea leaf has it all. 688 00:29:45,560 --> 00:29:54,840 Click the link in our show notes today to access an exclusive offer and get sipping. 689 00:29:54,840 --> 00:29:57,560 So another one is the defense of infancy. 690 00:29:57,560 --> 00:29:58,560 Sorry. 691 00:29:58,560 --> 00:30:03,840 So, starting. 692 00:30:03,840 --> 00:30:07,120 Depending on the case or person under what? 693 00:30:07,120 --> 00:30:09,960 I'm just saying that. 694 00:30:09,960 --> 00:30:12,240 Oh. 695 00:30:12,240 --> 00:30:13,640 A minicide. 696 00:30:13,640 --> 00:30:14,640 Nope. 697 00:30:14,640 --> 00:30:16,240 A seed of minifit. 698 00:30:16,240 --> 00:30:18,640 A seed of minifit. 699 00:30:18,640 --> 00:30:19,640 What's his name? 700 00:30:19,640 --> 00:30:20,640 Pansram. 701 00:30:20,640 --> 00:30:25,960 I love my nose. 702 00:30:25,960 --> 00:30:28,920 And Magnicide is the killing of a major political figure. 703 00:30:28,920 --> 00:30:29,920 Interesting. 704 00:30:29,920 --> 00:30:30,920 Like JFK. 705 00:30:30,920 --> 00:30:31,920 Yeah. 706 00:30:31,920 --> 00:30:32,920 What is that noise? 707 00:30:32,920 --> 00:30:33,920 Was that you? 708 00:30:33,920 --> 00:30:37,560 No, that was all that. 709 00:30:37,560 --> 00:30:41,320 And Magnicide is the killing of a political figure. 710 00:30:41,320 --> 00:30:42,320 Sorry. 711 00:30:42,320 --> 00:30:44,520 Political figure. 712 00:30:44,520 --> 00:30:48,400 And Magnicide is the killing of a major political figure. 713 00:30:48,400 --> 00:30:49,400 Interesting. 714 00:30:49,400 --> 00:30:50,400 Damn. 715 00:30:50,400 --> 00:30:53,400 And Magnicide is... 716 00:30:53,400 --> 00:30:57,800 I got fuh all over my fucking sweater. 717 00:30:57,800 --> 00:31:00,560 And Magnicide is the killing of a major political figure. 718 00:31:00,560 --> 00:31:02,800 Say it really quick to get it off. 719 00:31:02,800 --> 00:31:04,600 The end. 720 00:31:04,600 --> 00:31:08,120 And Magnicide is the fucking dick. 721 00:31:08,120 --> 00:31:11,120 What is it? 722 00:31:11,120 --> 00:31:13,520 Oh my god, my pits fucking smell. 723 00:31:13,520 --> 00:31:14,520 I don't know. 724 00:31:14,520 --> 00:31:15,520 We kind of... 725 00:31:15,520 --> 00:31:16,520 Nope. 726 00:31:16,520 --> 00:31:27,720 I feel like that one. 727 00:31:27,720 --> 00:31:34,280 In Texas the mandatory sentencing for second degree murder is 5 to 99 years. 728 00:31:34,280 --> 00:31:37,200 For larger qualities of over qualities. 729 00:31:37,200 --> 00:31:38,200 Fuck. 730 00:31:38,200 --> 00:31:39,200 Quality. 731 00:31:39,200 --> 00:31:41,120 For better quality drugs. 732 00:31:41,120 --> 00:31:44,000 They like tested it like, damn this is some good shit. 733 00:31:44,000 --> 00:31:46,160 You're going to slay her forever. 734 00:31:46,160 --> 00:31:47,160 Yeah. 735 00:31:47,160 --> 00:31:55,920 That was my way of trying to quietly clear my throat. 736 00:31:55,920 --> 00:31:58,000 Suddenly she threw up in her hand. 737 00:31:58,000 --> 00:32:00,000 I tried to be so quiet. 738 00:32:00,000 --> 00:32:07,160 And then I realized I wasn't getting it and I was like fucking I'm going full force. 739 00:32:07,160 --> 00:32:08,720 Oh no. 740 00:32:08,720 --> 00:32:11,480 Oh no.