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The Trial of Derek Chauvin

TexasHooch

By TexasHooch
in Daily Texan

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MonkeyDoughnut

MonkeyDoughnut 10256

Posted
Posted
5 minutes ago, TexasHooch said:

As long as it's got "murder" in the ruling the city will be ok.  The city will burn over Manslaughter just as much as it will on Not-Guilty.

Agreed, but don't rule out burning over the sentencing that will follow. Sentencing guidelines in Minn. recommend 12.5 per offense. If he only gets convicted on 1 charge that's not going to be enough.  Minnesota has a long ways to go.

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Newdoc

Newdoc 3444

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Third-Degree Murder - The prosecution will need to prove to the jury that Chauvin acted with reckless indifference to human life by placing his knee on the neck of Floyd for several minutes, despite Floyd continuously stating that he could not breathe.

https://www.psychologytoday.com/us/blog/making-sense-chaos/202104/what-are-the-charges-derek-chauvin-is-facing

This is a good write up on the charges and the applicable points to this case. If the jurors got the instructions right, then I see 3rd degree murder as a likely guilty verdict.

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nineliveslost

nineliveslost 2760

Posted
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2 minutes ago, Lobo said:

what is the maximum jail sentence a 3rd degree murder charge can carry in Minnesota?  

  • Third-Degree Murder. Third-degree murder is an unintentional killing that occurs as a result of a "depraved mind." This archaic language has led to some confusing legal analyses, but it is generally thought of as acting recklessly, with a total indifference to human life. An example would be speeding at 100 miles per hour through a school zone and unintentionally killing a student crossing at an intersection. Third-degree murder can carry a maximum sentence of 25 years.
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Guest Lobo

Guest Lobo

Posted
Posted

I forget, are we supposed to join the Oathkeepers and Proud Boys and then pose as ANTIFA/BLM tonight in Minneapolis?  Or pretend we're Oathkeepers/Proud Boys when we join, but really we're double agents for ANTIFA/BLM.  Or be real ANTIFA posing as Proud Boys but really being undercover Qanon operators?  Or do we just show up in tac vests to help "keep the peace" either way tonight but then just disband around 10pm for Walleye and beers?  

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JBJ

JBJ 3654

Posted
Posted
Just now, jimmyjazz said:

CNN is pissing me off -- what's the order of the charges, from least to most serious?

2nd Murder - most serious, easiest to convict in MN

3rd Murder - next serious, highly unlikely

2nd Manslaughter - next serious

----

The judge will determine whether the "aggravated" enhancement applies or not. 

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'stache

'stache 21817

Posted
Posted
3 minutes ago, Lobo said:

what is the maximum jail sentence a 3rd degree murder charge can carry in Minnesota?  

Two weeks home detention and a strongly worded letter. Also he can only watch Disney Plus, no Netflix. That seems fair. I mean the guy was on drugs, did you forget that part?

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WillUSAF

WillUSAF 226

Posted
Posted
1 minute ago, TexasHooch said:

Manslaughter

Murder 3

Murder 2

Ok. I'm not a lawyer and I am pretty stupid when it comes to this stuff.......1 guy died. How can he be charged with 2 murder charges and a manslaughter charge. Please explain this to me like I am in 1st grade 

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jimmyjazz

jimmyjazz 45963

Posted
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1 minute ago, JBJ said:

2nd Murder - most serious, easiest to convict in MN

3rd Murder - next serious, highly unlikely

2nd Manslaughter - next serious

----

The judge will determine whether the "aggravated" enhancement applies or not. 

So as you see it, conviction would most likely be 2nd Murder or 2nd Manslaughter?

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JBJ

JBJ 3654

Posted
Posted (edited)
4 minutes ago, jimmyjazz said:

So as you see it, conviction would most likely be 2nd Murder or 2nd Manslaughter?

2nd is the easiest case / lowest bar, so most likely.

2nd Murder only requires a simple felony assault in MN and it can be the same act that caused the death.  As far as I know this is unique to MN.

---

It would some tortured jury logic or outright nullification to get to Manslaughter and not Murder 2.

Edited by JBJ
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TexArcher

TexArcher 37861

Posted
Posted
1 minute ago, JBJ said:

2nd is the easiest case / lowest bar, so most likely.

2nd Murder only requires a simple felony assault in MN and it can be the same act that caused the death.  As far as I know this is unique to MN.

So, does it follow that the only way to acquit on murder 2 is to conclude that there was no felony assault?  

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Nice Guy Eddie

Nice Guy Eddie 13515

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I disagree with an opinion on CNN that this verdict somehow reflects America. It reflects what 12 people thought. 

A guilty verdict on Chauvin doesn't make America less racist or that our problems are solved. And a not guilty verdict does not make America worse than it was this morning. 

Personally I think that America has never been more aligned on a potential verdict for a case with such strong racial background issues. Which is progress.

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Guest Lobo

Guest Lobo

Posted
Posted
1 minute ago, RexWilson said:

CNN reporter is determined to interrupt Courtney Ross as she speaks.

yeah, what the fuck is up with that guy?  I know he wants the exclusive, but she'll have plenty of time to speak with all media.  It's been 11 months of shitshows for her, give her a moment of space.  Maybe she likes the attention, who knows?  

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