On September 29, 1981, Texas Department of Public Safety Officer, David Rucker, was shot and killed along a stretch of highway near the Rio Grande Valley. Around the same time, police officer Enrique Carrisalez pulled over a speeding vehicle driving away from the road where Rucker’s body was found. The driver exchanged words with Carrisalez before pulling out his gun and killing the police officer. Lionel Herrera was arrested a few days later and charged with both Rucker’s and Carrisalez’s murders. Before he died, Carrisalez also identified Herrera as the person who shot him from a single photograph shown to him in the hospital (not a photo array). In January 1982, Herrera was tried and found guilty of the capital murder of Carrisalez, for which he was sentenced to death. Later that year, Herrera pleaded guilty to the murder of Rucker.
innocent 1340, "doing no evil, free from sin or guilt," from . innocent (11c.), from L. innocentem (nom. innocens) "not guilty, harmless, blameless," from in- "not" + nocentem (nom. nocens), prp. of nocere "to harm" (see noxious). Meaning "free from guilt of a crime or charge" is from 1382. The earliest use was as a noun, "person who is innocent of sin or evil" ().
An incriminating statement includes any statement that tends to increase the danger that the person making the statement will be accused, charged or prosecuted – even if the statement is true, and even if the person is innocent of any crime. Thus, even a person who is innocent of any crime who testifies truthfully can be incriminated by that testimony. The United States Supreme Court has stated that the Fifth Amendment privilege:
Francis said that while women who abort their children need to seek and accept the Lord’s forgiveness, it is imperative that they never commit the sin again.
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