Randy Halprin

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Law of Parties

What is the Law of Parties?

Penal Code:

1.02 Objectives of Code
(1) to insure the public safety through:
B. the rehabilitation of those 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 to the seriousness of offenses and that permit recognition of differences in rehabilitation possibilities among individual offenders;
(5) to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of persons suspected, accused, or convicted of offenses.
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 other person to commit the offense.
(b) if, in the attempt to carry out a conspiracy to commit one felony, another 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 different 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 believes beyond a reasonable doubt that the defendant "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 Article 37.071(b)(2) is unjust and unconstitutional because it permits the death penalty to be imposed for complicity 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.

As you read  these  words there are currently men on Texas Death Row who face execution by lethal injection for murders they  never committed.
The state  would have you believe they are all monsters that deserve their fate.
Flawed individuals, Maybe. But not monsters.
It is a FACT that…
In Texas there is a law populary refered to as " The Law of Parties" that is used to send factually innocent men to their deaths. The law, as it stands is easily abused by Texas courts.
The law as it is applied is unjust. The law states that even a co-defendant may not have participated in the actual murder or caused the death of an individual He/She can be found just as guilty for knowing of the crime and or have been in the vicinity of a crime.
Even if they could not have anticipated the co-defendant a mind reader!
Tell me, are you a mind reader?
Can you tell me what the person sitting right next to you is about to do?
The Death Penalty as it is applied violates a citizens Eight Amendment.
The Texas justice system claims that the death penalty is reserved for the worst of the worst-for the most heinous crimes…
How, then, can it be called justice if a co-defendant in a trial, who might be the actual killer receive a life sentence by one jury while his co-defendant, whom did NOT commit a murder be given a DEATH SENTENCE under the LAW OF PARTIES
by a separate  jury.
There a men who sit on DEATH ROW under this very scenario.
What is justice for you???
Randy Halprin is one of these men who face execution.
He was convicted of Capital Murder and yet his co-defendants have given sworn statements that he did not kill anyone nor could he have anticipated a death would occur.
He is just ONE example…
It is time we stopped sitting in silence as the government continues to kill factually innocent men!

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