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SivaGanesha

Lee Harvey Oswald's eventual legal fate?

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What do you think Lee Harvey Oswald's eventual legal fate would have been had he not been shot and killed by Jack Ruby? Let's assume in answering this poll that Oswald--who was fairly young at the time--would have lived long enough for a complete resolution of all legal issues.

Bear in mind that Oswald could potentially have faced the death penalty under both federal and Texas state law. But also bear in mind that at the time the use of the death penalty was waning both federally and in Texas (and nationwide). The feds didn't execute anyone between 1963 and 2001. Texas didn't execute anyone between 1964 and 1982.

So what would have happened?
"It's hard to have fun at 4-way unless your whole team gets down to the ground safely to do it again!"--Northern California Skydiving League re USPA Safety Day, March 8, 2014

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Don't forget that Oswald wasn't arrested for killing Kennedy.
He was arrested for killing a cop named Tippet.

He was later determined to be a suspect in Kennedy's death.

There were a couple eyewitnesses to Tippet's murder and they identified Oswald.
So even if he didn't go down for Kennedy, he most likely would have been convicted of killing Tippet.
And I'd guess executed for it.

Wiki on Tippet:

http://en.wikipedia.org/wiki/J._D._Tippit

Of course, the conspiracy idiots claim that there's no way Oswald could have killed Tippet, that his death was all part of the conspiracy, the witnesses were lying, all that garbage.
"There are NO situations which do not call for a French Maid outfit." Lucky McSwervy

"~ya don't GET old by being weak & stupid!" - Airtwardo

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Hi Siva,

Quote

Oswald could potentially have faced the death penalty under . . . law.



Admittedly, my memory is not perfect. But I was 23 when JFK was killed.

I seem to remember that at the time there was no federal law regarding the killing of a president. I seem to remember a lot of uproar about this back then. So they passed a federal law about killing the president, the v-p, the Speaker of the House and a lot of other folks in gov't. positions.

I seem to remember the talk back then was that he could only have been convicted of killing the president as being in violation of the laws of Texas.

Our resident legal eagles: Your thoughts?

Jerry Baumchen

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wolfriverjoe

Don't forget that Oswald wasn't arrested for killing Kennedy.
He was arrested for killing a cop named Tippet.



Yes and the poll is about what is the most serious sentence he would have received for any crime he might have been charged with--not just the killing of Mr. Kennedy.
"It's hard to have fun at 4-way unless your whole team gets down to the ground safely to do it again!"--Northern California Skydiving League re USPA Safety Day, March 8, 2014

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Federal law regarding homicide: http://www.law.cornell.edu/uscode/text/18/1114

Click on the "Notes" tab to see all the historical revisions.

So there seems to be no *general* homicide law, but a list of federal officers and employees that it protects.
"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

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You're correct.

I voted for convicted & executed under Texas state law.

In 1963 the only angle under which Oswald might even remotely have been executed under federal law is if they had evidence that he was in the process of committing espionage. Basically the stuff of novelists.

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Andy9o8

You're correct.

I voted for convicted & executed under Texas state law.

In 1963 the only angle under which Oswald might even remotely have been executed under federal law is if they had evidence that he was in the process of committing espionage. Basically the stuff of novelists.



I also voted for a Texas execution.

My vote wasn't based on any pretense of understanding the applicable state and federal laws, just the sense that Texas genuinely enjoys capital punishment a lot more than the Feds do.

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jclalor

***You're correct.

I voted for convicted & executed under Texas state law.

In 1963 the only angle under which Oswald might even remotely have been executed under federal law is if they had evidence that he was in the process of committing espionage. Basically the stuff of novelists.



I also voted for a Texas execution.

My vote wasn't based on any pretense of understanding the applicable state and federal laws, just the sense that Texas genuinely enjoys capital punishment a lot more than the Feds do.

And Texas would have had it right.[:/]
I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

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turtlespeed

******You're correct.

I voted for convicted & executed under Texas state law.

In 1963 the only angle under which Oswald might even remotely have been executed under federal law is if they had evidence that he was in the process of committing espionage. Basically the stuff of novelists.



I also voted for a Texas execution.

My vote wasn't based on any pretense of understanding the applicable state and federal laws, just the sense that Texas genuinely enjoys capital punishment a lot more than the Feds do.

And Texas would have had it right.[:/]

And it would have been one of the few occasions that I would have agreed.

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Andy9o8

Quote

Texas genuinely enjoys capital punishment



They do love their sports & recreation.



But hey, at least it is OK when it is OK, and Not OK when it is Not OK.
I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

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