Quote (Thor123422 @ May 29 2020 08:44pm)
If the officer on trial tries to submit Floyd's past criminal record it would get struck from evidence in two seconds flat because it is not probative to the case AT ALL. Even if he had a rap sheet a mile wide that wouldn't be evidence that he was on drugs or even had drugs at the time. It would do absolutely nothing to support another potential cause of death, and unless the officer specifically knew of the charges at the time it wouldn't even speak to his mindset. The record would not be relevant to the case in any manner.
To prosecute someone for
murder, you have to demonstrate both actus reas and mens reas and demonstrate the action led to the death.
There's a famous hypothetical example in law school where someone walks up to a sleeping hobo on the street and shoots him in the head. Except the hobo was already dead, not sleeping. So no murder was committed. Even though the gunman has every intention of committing a crime and pulls the trigger, thus having both the guilty mind and guilty act, if it didn't cause the death, its
not murder. It is, however, an ironclad case of
attempted murder- you can still be charged with attempted murder even if the person you tried to kill was already dead.
What the officer knew or thought at the time of the arrest is not enough to establish a murder charge. You need to prove that his actions caused that death.
Quote
Whether the case stands on its own is up to the prosecutor or a grand jury. The evidence you have seen might not rise to your personal level of wanting to file charges, but that doesn't really mean anything.
A prosecutor who all but admitted at his press conference that this is the fastest charge in any such case in history and the only reason he rushed it well before its ready was to appease a mob.
Hence, the degradation of our civil liberties that I'm criticizing.