Quote (thundercock @ Jun 3 2020 06:24pm)
Oh, they were sentenced without a judge and jury? Yea, that's pretty crazy!
Your civil rights don't start and end with a jury.
They mean getting arrested without being killed by the police, they mean prosecutors applying the law fairly and equally, they mean judges ensuring a fair trial and appeals.
Quote (Surfpunk @ Jun 3 2020 06:27pm)
3rd degree definitely applies due to the willful disregard aspect of Chauvin's actions. I don't necessarily agree with upping the charges to 2nd degree, as intent is going to be a very tough thing to prove in court. As far as the other three, once you have a charge of murder levied (regardless of degree), it's not a violation of due process to bring accessory charges against the others.
Minnesota has a bit different case law than other jurisdictions when it comes to 3rd degree murder. Either you can establish specific intent (2nd degree) or it lacked intent (manslaughter). 3rd degree is instead reserved for crimes with an unknown / random / public target. At least, this is what I've repeatedly heard on this specific point by some legal scholars and it seems like a pretty weird thing for them to make up, but I've heard that there's a whole set of precedents saying you can't charge 3rd degree in a case of one person being accused of killing one specific target. IE, mohamed noor shooting justine damond before he knew who she was, meant he was killing a random person and could have been killing anyone, hence 3rd degree murder. That's inapplicable to the death in custody of george floyd.
Manslaughter would be the only appropriate charge and the DA's are perfectly aware of that, but also knew that if all they charged him with was manslaughter it would enflame the mob and also make it impossible to try all the officers.
So instead of following the law, they intentionally overcharged him- ridiculously early, before the cause of death was even in, at literally 100x the speed of a normal process.
Civil rights are sure being violated at a bunch of levels here.
Maybe Derek Chauvin violated George Floyd's rights by killing him in custody, or maybe his fentanyl/meth induced heart attack was happening irregardless. We don't know yet, and in a fair trial they would make that determination. But what I do know for sure is that the governor abdicated his responsibility to protect the liberties of all minnesotans by leaving us at the mercy of violent mobs, the DA's abdicated their responsibility to protect liberties by abusing their office to appease a mob, and even the ACLU instead of bringing an admonition brought a length of rope.
Quote (Santara @ Jun 3 2020 06:41pm)
According to a Twitter exchange tonight on Nicholas Sarwark's page, even 1st degree murder is attainable.
"instantaneous premeditation" is a good one
perhaps they should charge him with sodomy, child sex abuse and blaspheming against the prophet mohamed peace be upon him
This post was edited by Goomshill on Jun 3 2020 05:44pm