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Derek Chauvin arrested

Jack Fabulous

Jack Fabulous

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It is now being reported that the officer who kneeled on George Floyd's neck has been arrested. It's about damned time.
 
Good, but more needs to be done. All of them need to be arrested.
 
Jack Fabulous said:
It is now being reported that the officer who kneeled on George Floyd's neck has been arrested. It's about damned time.
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What the officer did was a chokehold that was not illegal. How many times have we been through this movie before?
 
Better late than never.
 
Fiddytree said:
Good, but more needs to be done. All of them need to be arrested.
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It's a start. I have to believe that they will all be charged eventually.

If Chauvin gets out of this with less than 20 years it will be a travesty.
 
bluesmoke said:
What the officer did was a chokehold that was not illegal. How many times have we been through this movie before?
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A "choke hold" for 8 minutes is called "certain death".
 
Jack Fabulous said:
It's a start. I have to believe that they will all be charged eventually.

If Chauvin gets out of this with less than 20 years it will be a travesty.
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Prepare for a travesty.
 
Jack Fabulous said:
It's a start. I have to believe that they will all be charged eventually.

If Chauvin gets out of this with less than 20 years it will be a travesty.
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Not sure how he will be charged, but MPLS Cop Mohammad Noor was convicted of third-degree murder and manslaughter and received 12.5 years for killing Justine Diamond...different circumstances, but I am curious if they will charge Chauvin the same way?

Any legal beagles care to chime in?
 
Jack Fabulous said:
It is now being reported that the officer who kneeled on George Floyd's neck has been arrested. It's about damned time.
Click to expand...

You probably already heard that Chauvin and George Floyd very likely knew each other because Ofcr. Chauvin was moonlighting as security at a popular Minneapolis nightclub and Floyd was a bouncer there at the same time.

This might have been a situation where something got tense between the two of them at the club and reduced to simmering, only to explode later. Maybe Chauvin was settling an old score?
 
Superfly said:
Good. I hope they charge that rat bastard with murder.
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Get ready for it to be pled down to "Blocking Traffic." Three days jail time with two days served. Two hundred dollar fine which can be paid in twenty monthly installments of ten dollars apiece.
 
Jack Fabulous said:
It is now being reported that the officer who kneeled on George Floyd's neck has been arrested. It's about damned time.
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Time to arrest the thugs that burned Target store and other buildings too. Round all of them up.
 
Bum said:
Not sure how he will be charged, but MPLS Cop Mohammad Noor was convicted of third-degree murder and manslaughter and received 12.5 years for killing Justine Diamond...different circumstances, but I am curious if they will charge Chauvin the same way?

Any legal beagles care to chime in?
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As posted elsewhere:

_________

In MA he could go down on second degree murder. Many states have something similar, but in colloquial language, it's still murder if you do something that will very likely kill another person.



Short form instructions:

1. The defendant caused the victim's death.

2. The defendant:

a. intended to kill the victim; or

b. intended to cause grievous bodily harm to the victim; or

c. intended to do an act which, in the circumstances known to the defendant, a reasonable person would have known created a plain and strong likelihood of death would result.

3. [irrel]

4. [Where there is evidence of mitigating circumstances] In addition to these elements, the Commonwealth must also prove that there were no mitigating circumstances. If the Commonwealth proves all the required elements, but fails to prove beyond a reasonable doubt that there were no mitigating circumstances, you must find the defendant not guilty of murder, but you shall return a verdict of voluntary manslaughter.



I'll omit the lengthier description of what (c) means unless you really are interested.

I'm not really seeing any mitigating circumstances here. I certainly wouldn't consider being a police officer on duty to be a mitigating circumstance if I was a juror. (If anything, I think it should heighten the penalties for crimes committed. They have the power of life and death over citizens. They should be more responsible, not less).

_____________

I'm not going to bother going looking up that state's law. If they have something like that, it would be pretty hard for the defense to argue that a "reasonable person" would not have known that kneeling on someone's neck for minutes as they beg for air, while completely compliant, and then die "created a plain and strong likelihood of death would result."

It's your airway and contains the carotid artery feeding one's brain, and the jugular vein for outflow. . .
 
Fiddytree said:
Good, but more needs to be done. All of them need to be arrested.
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Then more will need to be done, liked a guaranteed conviction, to satisfy the mob.
 
bluesmoke said:
What the officer did was a chokehold that was not illegal. How many times have we been through this movie before?
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He killed the guy for no reason whatsoever. He belongs in jail, and we'll go through every time it happens until it stops.
 
Mr Person said:
As posted elsewhere:

_________

In MA he could go down on second degree murder. Many states have something similar, but in colloquial language, it's still murder if you do something that will very likely kill another person.



Short form instructions:

1. The defendant caused the victim's death.

2. The defendant:

a. intended to kill the victim; or

b. intended to cause grievous bodily harm to the victim; or

c. intended to do an act which, in the circumstances known to the defendant, a reasonable person would have known created a plain and strong likelihood of death would result.

3. [irrel]

4. [Where there is evidence of mitigating circumstances] In addition to these elements, the Commonwealth must also prove that there were no mitigating circumstances. If the Commonwealth proves all the required elements, but fails to prove beyond a reasonable doubt that there were no mitigating circumstances, you must find the defendant not guilty of murder, but you shall return a verdict of voluntary manslaughter.



I'll omit the lengthier description of what (c) means unless you really are interested.

I'm not really seeing any mitigating circumstances here. I certainly wouldn't consider being a police officer on duty to be a mitigating circumstance if I was a juror. (If anything, I think it should heighten the penalties for crimes committed. They have the power of life and death over citizens. They should be more responsible, not less).

_____________

I'm not going to bother going looking up that state's law. If they have something like that, it would be pretty hard for the defense to argue that a "reasonable person" would not have known that kneeling on someone's neck for minutes as they beg for air, while completely compliant, and then die "created a plain and strong likelihood of death would result."

It's your airway and contains the carotid artery feeding one's brain, and the jugular vein for outflow. . .
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If you dont mind, give me a bit more info on (c)...my background is medical, so legal is another language to me.
 
Mr Person said:
As posted elsewhere:

_________

In MA he could go down...
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This didn't happen in Massachoochoo. Quit muddying the waters with your self-important drivel.
 
apdst said:
Then more will need to be done, liked a guaranteed conviction, to satisfy the mob.
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I know you have no shame, but I hope some time in your life you change your soul.
 
bluesmoke said:
What the officer did was a chokehold that was not illegal. How many times have we been through this movie before?
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Stupid comment.

We've seen countless big-city police chiefs coming on the air to state, categorically, that it was NOT a legal hold.

Chokeholds are not legal in most police departments across the country. And, even when chokeholds were legal (pre-1990's), a knee to the neck has NEVER been considered a legal police chokehold.

But if you think you can find ANY written policy...in ANY police department ANYWHERE in the country...that describes using a knee to the neck and the full weight of an office as a "legal chokehold", please post a link for us.

Otherwise, stop saying stupid stuff.
 
Robertinfremont said:
Time to arrest the thugs that burned Target store and other buildings too. Round all of them up.
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You might intend to ape Donald Trump but his spelling for black people is capitalized to read THUGS.
 
Bum said:
If you dont mind, give me a bit more info on (c)...my background is medical, so legal is another language to me.
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The point was one way to qualify for second degree murder is that (1) the defendant caused the victim's death, and 2(c) the defendant "intended to do an act which, in the circumstances known to the defendant, a reasonable person would have known created a plain and strong likelihood of death would result."

Here, the act would be kneeling on someone's neck for several minutes as they beg for air, go silent/limp. And the question for the jury would be would a reasonable person know that that creates a "plain and strong likelihood of death". ie, that it would be pretty damn likely to kill someone.


Judges here do give a longer explanation for what exactly that means:

[T]he defendant intended to do an act which, in the circumstances known to the defendant, a reasonable person would have known created a plain and strong likelihood that death would result. Let me help you understand how to analyze this third prong. You must first determine whether the defendant intended to perform the act that caused the victim's death. If you find that he intended to perform the act, you must then determine what the defendant himself actually knew about the relevant circumstances at the time he acted. Then you must determine whether, under the circumstances known to the defendant, a reasonable person would have known that the act intended by the defendant created a plain and strong likelihood that death would result.




In other words, it's a form of second degree murder that doesn't require the defendant to actually intend to kill the victim. But simply that the defendant intended to do an act (here, remaining kneeling on the neck while ignoring pleas for air) that a reasonable person - you or me or bob on the street - would be pretty damn likely to kill somebody.

I don't think anyone can sanely argue that reasonable people would not know that kneeling on someone's neck as they gasp for air, then go limp, does not make it damn likely that that someone will die. Everyone knows what happens when you choke someone.
 
Schism said:
This didn't happen in Massachoochoo. Quit muddying the waters with your self-important drivel.
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...as opposed to your self-important, substance-free drivel?

No thanks. I'd rather you spare us your "contributions" than he.
 
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