In this case Texas defines "criminal mischief" in three clauses, and separately defines circumstances under which it constitutes a felony. Felony mischief is largely but not exclusively defined by the amount of pecuniary loss.
The first two clauses are destroying property and damaging property in a way that causes pecuniary loss to anyone.
The third clause is making marks on property. This seems like it would always be included under "damaging property in a way that causes pecuniary loss", so I would guess it's there to make it completely explicit that graffiti counts as criminal mischief.
The quoted section of the penal code does not appear to apply any restrictions to the specific variety of criminal mischief that justifies deadly force (other than that it occurs at night).
For something like graffiti where the general sentiment is that deadly force shouldn't be considered justified, I could see an argument that the use of deadly force violates §9.42(3)(A), which requires the person using deadly force to reasonably believe that the land or property in question "cannot be protected or recovered by any other means". If we view both verbs as applying to criminal mischief, you could make the argument that when you catch someone spraying graffiti on a wall on your property, your property can be recovered, though not protected, by e.g. repainting the wall.
The counterargument might be that "recovered" is in there as the appropriate verb for cases of theft, and "protected" is in there for cases of mischief.
I don't think restricting §9.42 to felony mischief would be an improvement to the law; it's difficult to know whether criminal mischief is or isn't a felony until you've tried to recover from it and learned how much that will cost. If you catch someone keying your car, for example, that probably is a felony, but as far as social impact I would rate it similarly to graffiti.
That’s not a useful definition in a democracy. Who gets to define what’s justified if not the duly elected legislature? I bet if you put the current Texas law on the ballot today you’d get the same answer.
The alternative would be completely incoherent. If it's OK to prevent theft, the appropriation of property, it must also be OK to prevent criminal mischief, which is the destruction of property.
Note that the harm to the victim is identical in both cases, except that in the case of theft, recovery may be possible.
IANAL.
Mischief is typically a serious crime; the legal and common uses of the word are different and confusing.
But I don't think Texas is restricting this to the more serious felony mischief here.
In this case Texas defines "criminal mischief" in three clauses, and separately defines circumstances under which it constitutes a felony. Felony mischief is largely but not exclusively defined by the amount of pecuniary loss.
The first two clauses are destroying property and damaging property in a way that causes pecuniary loss to anyone.
The third clause is making marks on property. This seems like it would always be included under "damaging property in a way that causes pecuniary loss", so I would guess it's there to make it completely explicit that graffiti counts as criminal mischief.
The quoted section of the penal code does not appear to apply any restrictions to the specific variety of criminal mischief that justifies deadly force (other than that it occurs at night).
For something like graffiti where the general sentiment is that deadly force shouldn't be considered justified, I could see an argument that the use of deadly force violates §9.42(3)(A), which requires the person using deadly force to reasonably believe that the land or property in question "cannot be protected or recovered by any other means". If we view both verbs as applying to criminal mischief, you could make the argument that when you catch someone spraying graffiti on a wall on your property, your property can be recovered, though not protected, by e.g. repainting the wall.
The counterargument might be that "recovered" is in there as the appropriate verb for cases of theft, and "protected" is in there for cases of mischief.
I don't think restricting §9.42 to felony mischief would be an improvement to the law; it's difficult to know whether criminal mischief is or isn't a felony until you've tried to recover from it and learned how much that will cost. If you catch someone keying your car, for example, that probably is a felony, but as far as social impact I would rate it similarly to graffiti.
It ain't murder. (other words apply)
“Legal” murder makes absolutely no sense. If its legal its not murder. You mean “legally kill”
It can also mean unjustified/immoral killing, which can be a useful definition (otherwise e.g. a true dictator can never murder anyone).
That’s not a useful definition in a democracy. Who gets to define what’s justified if not the duly elected legislature? I bet if you put the current Texas law on the ballot today you’d get the same answer.
If you put that on the ballot in other states this would be more popular than initially thought by most.
The alternative would be completely incoherent. If it's OK to prevent theft, the appropriation of property, it must also be OK to prevent criminal mischief, which is the destruction of property.
Note that the harm to the victim is identical in both cases, except that in the case of theft, recovery may be possible.
Yeah.
You expect pigs to defend you?