What a second-degree murder charge means for Derek Chauvin

[SugarDaddy1]

It will not be difficult to prove to a jury that former Minneapolis police officer Derek Chauvin killed George Floyd. It could, however, be difficult to prove beyond a reasonable doubt that he intended to kill Floyd.

The problem is that the charges brought by the state do not determine guilt, or how seriously the state treats a crime. Legal charges act as definitive standards, which means they set the parameters for criminal acts and the evidence prosecutors must provide to earn a conviction. And the price of getting it wrong, of prosecutors over-charging and failing to produce the evidence, is that the perp walks.

Again, it’s easy to understand why a second-degree murder charge is more appealing. If Chauvin is convicted on second-degree murder charges, he will likely serve a longer prison sentence, as he should. But Ellison is taking on a heavy legal burden, because prosecutors must now find evidence that Chauvin actively intended to kill Floyd.

It’s also important to note that in Chauvin’s case, the third-degree murder charge might be just as problematic as a second-degree murder charge. The Minnesota Supreme Court has ruled in the past that “depraved mind murder,” which is what a third-degree murder charge entails, “cannot occur where the defendant’s actions were focused on a specific person.” In Chauvin’s case, his actions were directed at a specific person: Floyd.

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[hogjack]

Very unlikely Mr. Chauvin will be seeing next Christmas.

Advised to get his affairs in order and do some early shopping.

 

[OldJourno]

With two different autopsies out there I wouldn't take that lesser penalty off the table when it comes to trial. A good defense attorney will hammer the point home of the other autopsy result, creating all the doubt you need to at least get a hung jury.

 

[FlowersForFun]

LOL I said that as soon as someone brought it up in another thread.

The left is going to be retarded and virtue signal today, miscarry justice later because of it, and then play the fucking victims of the system.....because they tried to abuse it.

Watch...."This is the kinda justice the white mans system gives us!!" will be the cries of THEIR fuck up.

https://i.ytimg.com/vi/lpQvoHDEkrs/hqdefault.jpg

 

[bellisarius]

Change of Venue - Acquittal - more riots.

 

[phrodeau]

Mohamed Noor was charged the same way. He was convicted of the lesser charges.

 

[Rightguide]

As I said the other day charging all four officers wouldn't be enough and that's exactly what we heard from street demonstrators last night when asked. Now they want to defund, disarm, and do away with the police altogether. "This is going to be a long process of healing," so we can expect more rioting and stealing.

 

[bellisarius]

As I said the other day charging all four officers wouldn't be enough and that's exactly what we heard from street demonstrators last night when asked. Now they want to defund, disarm, and do away with the police altogether. "This is going to be a long process of healing," so we can expect more rioting and stealing.

Let's see how that works out for them.

Last month 1.7 million background checks were processed for firearm purchases. A huge percentage were first time buyers and the weapons of choice are handguns. Most common ammunition types are unavailable, anywhere.

None of the CCW instructors are teaching "leg" shots.

 

[Conager]

Any of them recommending firing off both barrels of the double-barrel shotgun from the back deck?

 

[SpeareChucker]

lol...



Just give them what they demand.
Joe isn't going to shoot his voters.

 

[bellisarius]

Any of them recommending firing off both barrels of the double-barrel shotgun from the back deck?

Yup, for drone abatement in rural areas.

 

[phrodeau]

Let's see how that works out for them.

Last month 1.7 million background checks were processed for firearm purchases. A huge percentage were first time buyers and the weapons of choice are handguns. Most common ammunition types are unavailable, anywhere.

None of the CCW instructors are teaching "leg" shots.

So people are buying guns during an ammo shortage? That’s a special kind of stupid.

 

[HisArpy]

The elevated charges are nothing more than grandstanding.

Facts:

There's nothing in the available evidence to show that Chauvin INTENDED to kill Floyd. Did he care that Floyd died? The evidence suggests he did not. Chauvin may not have CARED if Floyd died, but that doesn't mean he INTENDED to kill anyone or anything.

Conclusion: The elevation to 2nd degree murder is nothing more than an attempt to calm the riot. Chauvin's risk of a 3rd degree murder conviction hasn't changed.



More facts:

The autopsy report showed that Floyd was positive for CV19 antibodies.

This is going to play hell on the charges against the other 3 officers. The defense is going to say that Floyd's physical breathing issues because of his CV19 weren't apparent at the time of his arrest. Therefore his death during his arrest wasn't foreseeable since the knee hold had been used successfully at least 44 times in the past 5 years without issue. Thus, they had no reason to be "checking" on Chauvin during the arrest despite what the crowd was saying. The crowd was unruly, officer safety required that they monitor the crowd and there was no available time or attention to use to check on Floyd.

Conclusion: They weren't aiding and abetting since they had no reason to suspect anything was going wrong AND they weren't actively involved at that point in time, the observable information they had didn't point to any special care needed, and the crowd was commanding their attention. No convictions of the 3 other officers are going to happen here.

 

[hogjack]

So people are buying guns during an ammo shortage? That’s a special kind of stupid.

That ammo will catch up.

"Some kind of stupid" is not protecting yourself from a small percentage of people who would just as soon light up your place of living or slit your throat as they would burp. These people exist. Everyone has seen them in action.

Personal protection such as self-defense skills, pepper spray, and mace makes sense for those comfortable protecting themselves. Some people - male and female - carry weapons legally. It's too bad it is necessary but there are scum who make it so.

Law enforcement cannot be everywhere and that will never change. There are too many people - a small percentage but still too many - who have no respect for law, no ethics, and no morality. Being at their mercy is not preferable for many decent, hardworking citizens.

 

[phrodeau]

The elevated charges are nothing more than grandstanding.

Facts:

There's nothing in the available evidence to show that Chauvin INTENDED to kill Floyd. Did he care that Floyd died? The evidence suggests he did not. Chauvin may not have CARED if Floyd died, but that doesn't mean he INTENDED to kill anyone or anything.

Conclusion: The elevation to 2nd degree murder is nothing more than an attempt to calm the riot. Chauvin's risk of a 3rd degree murder conviction hasn't changed.



More facts:

The autopsy report showed that Floyd was positive for CV19 antibodies.

This is going to play hell on the charges against the other 3 officers. The defense is going to say that Floyd's physical breathing issues because of his CV19 weren't apparent at the time of his arrest. Therefore his death during his arrest wasn't foreseeable since the knee hold had been used successfully at least 44 times in the past 5 years without issue. Thus, they had no reason to be "checking" on Chauvin during the arrest despite what the crowd was saying. The crowd was unruly, officer safety required that they monitor the crowd and there was no available time or attention to use to check on Floyd.

Conclusion: They weren't aiding and abetting since they had no reason to suspect anything was going wrong AND they weren't actively involved at that point in time, the observable information they had didn't point to any special care needed, and the crowd was commanding their attention. No convictions of the 3 other officers are going to happen here.

What breathing issues? Floyd was well past his Covid19 infection.

 

[HisArpy]

What breathing issues? Floyd was well past his Covid19 infection.

GOFUCKYOURSELF

 

[Adre]

If you have someone in a kneehold for minutes, and he says “I can’t breathe” and you keep your full body weight bearing on his neck and he subsequently dies, it might be interpreted that you had the intent to kill him. That’s not an unreasonable assumption.

 

[Rightguide]

The elevated charges are nothing more than grandstanding.

Facts:

There's nothing in the available evidence to show that Chauvin INTENDED to kill Floyd. Did he care that Floyd died? The evidence suggests he did not. Chauvin may not have CARED if Floyd died, but that doesn't mean he INTENDED to kill anyone or anything.

Conclusion: The elevation to 2nd degree murder is nothing more than an attempt to calm the riot. Chauvin's risk of a 3rd degree murder conviction hasn't changed.



More facts:

The autopsy report showed that Floyd was positive for CV19 antibodies.

This is going to play hell on the charges against the other 3 officers. The defense is going to say that Floyd's physical breathing issues because of his CV19 weren't apparent at the time of his arrest. Therefore his death during his arrest wasn't foreseeable since the knee hold had been used successfully at least 44 times in the past 5 years without issue. Thus, they had no reason to be "checking" on Chauvin during the arrest despite what the crowd was saying. The crowd was unruly, officer safety required that they monitor the crowd and there was no available time or attention to use to check on Floyd.

Conclusion: They weren't aiding and abetting since they had no reason to suspect anything was going wrong AND they weren't actively involved at that point in time, the observable information they had didn't point to any special care needed, and the crowd was commanding their attention. No convictions of the 3 other officers are going to happen here.

Remember radical black Muslim and anti-white American Keith Ellison, has taken over this prosecution. It's a certainty this will be a political show trial that puts America on trial as well as the officers being charged.

 

[HisArpy]

If you have someone in a kneehold for minutes, and he says “I can’t breathe” and you keep your full body weight bearing on his neck and he subsequently dies, it might be interpreted that you had the intent to kill him. That’s not an unreasonable assumption.

Intent requires some sort of proof beyond "oops". Conviction requires "beyond a reasonable doubt".

You don't get there with "assumptions" because conviction requires more proof than someone assuming something. You can interpret something 1 way if you squint and look at it cross-eyed. Someone else can come to a different conclusion by closing their eyes and turning around 3 times.

That's not how we administer justice.

 

[Adre]

Intent requires some sort of proof beyond "oops". Conviction requires "beyond a reasonable doubt".

You don't get there with "assumptions" because conviction requires more proof than someone assuming something. You can interpret something 1 way if you squint and look at it cross-eyed. Someone else can come to a different conclusion by closing their eyes and turning around 3 times.

That's not how we administer justice.

The jury will get to watch a 9 minute film showing a calm collected police officer, hands in pocket, squashing the life out of a man. They’ll be administering justice, not you.

 

[jp55665566]

Remember radical black Muslim and anti-white American Keith Ellison, has taken over this prosecution. It's a certainty this will be a political show trial that puts America on trial as well as the officers being charged.

Your very right about Keith Ellison, he is dangerous. He may actually want an acquittal in order to stoke more racial division and violent demonstrations.

 

[Rightguide]

Let's see how that works out for them.

Last month 1.7 million background checks were processed for firearm purchases. A huge percentage were first time buyers and the weapons of choice are handguns. Most common ammunition types are unavailable, anywhere.

None of the CCW instructors are teaching "leg" shots.

I didn't say the process was going to be a pleasant experience for those who want to push the social envelope. There's a limit to these juvenile ideas about revolution, public humiliation, targeted criminal attacks on the lives, property, and ethnicity, of the majority of Americans, for the crimes of a few. There's two directions that can be taken along that fucking road.

 

[HisArpy]

The jury will get to watch a 9 minute film showing a calm collected police officer, hands in pocket, squashing the life out of a man. They’ll be administering justice, not you.

They will also hear expert testimony about how Floyd was CV19 positive, presumed asymptomatic, and had chest congestion at the time which all contributed to his death.

That's not "intent". Nor is it "aiding and abetting". You view, however, is an emotional response to the evidence which often gets guilty verdicts overturned on appeal.

Much better to convict the guy based on the FACTS rather than emotion.

 

[Rightguide]

Your very right about Keith Ellison, he is dangerous. He may actually want an acquittal in order to stoke more racial division and violent demonstrations.

I wouldn't put it past him at all and he has a large enough constituency in Minnesota to get the ball rolling as well.

 

[phrodeau]

Remember radical black Muslim and anti-white American Keith Ellison, has taken over this prosecution. It's a certainty this will be a political show trial that puts America on trial as well as the officers being charged.

Ellison was elected Minnesota's AG. Do you know how white Minnesota is?