Quote (thesnipa @ 2 Apr 2021 10:00)
personally ive been for negligent homicide manslaughter type charges all along, murder 3 in MN iirc. but even under murder 2 the idea that the prosecution needs to actually prove that isnt valid. in a case this high profile emotion will elevate further than it should above facts. maybe the jury gets hung from a few doubters, but i bet even they are scared to acquit. this case is closer to the OJ case than the law would like.
Third Degree Murder and criminally negligent manslaughter are different. One is a "murder without intent but a deranged mind" charge, the other is a form of involuntary manslaughter where not only was there no intent, but there was no specific action designed to take life, just reckless action that aided in a life lost. Drunk driving usually falls under that category if the result is a fatality. Max sentence for the manslaughter charge is up to 10 years, Third Degree Murder, in Minn, is up to 25 year maximum sentence. And the second degree murder charge, which ALSO lacks an "intent" clause, has a maximum sentence of 40 years. 40 years IS the maximum Chauvin would serve based on a guilty verdict, even if they find him guilty on all three counts. Only the sentence from the most severe finding "sticks" though all three would be reflected on his criminal record.
Quote (Santara @ 2 Apr 2021 10:17)
Irrelevant. Do you know what duty of care is?
If an officer feels threatened or at risk from a suspect, they are perfectly within their right to continue to legally restrain the suspect. The fact that the suspect is in a state of Excited Delirium has no impact. As a point in fact, given the evidence that Floyd had smashed his head against the safety glass in the cruiser, keeping him in a position where he would not be able to slam his head on the concrete until medics arrived could be easily perceived as protecting the physical safety of Floyd.
BTW, Supreme Court ruled on Duty of Care, and that ruling was that unless the officer specifically caused the injury at question, they are not legally liable for the injury. This is likely to be noted, due to lack of injury to throat or compression to lungs. The primary injury here appears to be self-ingested lethal doses of drugs.
This post was edited by InsaneBobb on Apr 2 2021 11:41am