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The Trial of Derek Chauvin


TexasHooch

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3 minutes ago, Neonmoon said:

Need to pass police reform act

It will. The Derek Chauvin Safety Act. It will grant superimmunity to any cop for any killing and prevent trials of any kind. Maybe not nationally since Dems hold the house, but I bet money some states try something to prevent any type of accountability for cops citing this "injustice" of a verdict. Oklahoma is about to make it legal to plow over protesters with your car, so yeah, reform is coming.

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This is not a surprise if you followed the case, evidence and testimony despite the naysayers on here.  However, you can see the palpable relief on the face of the crowd outside the courtroom. They probably had too many experiences where justice was not served.

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2 minutes ago, gsoda3 said:

did the judge mention a blakely hearing??

It's to determine if the sentencing enhancement for MN's version of "aggravated" applies.  Chauvin waived his right to a jury for this so the judge will decide.

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How the fuck does someone kill someone and get convicted of 3 different homicides?

 

Does the Double Jeopardy clause apply in that state?

 

The second-degree unintentional murder charge alleges Chauvin caused Floyd's death "without intent" while committing or attempting to commit felony third-degree assault. In turn, third-degree assault is defined as the intentional infliction of substantial bodily harm.
The third-degree murder charge alleges Chauvin caused Floyd's death by "perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life."
The second-degree manslaughter charge alleges Chauvin caused Floyd's death by "culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm."
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There will still be some mayhem -- because some assholes will take advantage of ANY situation.  And the cops will do their "we refuse to do our job" bullshit in response to this, because they still don't get it and never will.

All that said.....this is the best possible outcome, given the predicate events.

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1 minute ago, 4th and 5 said:

How the fuck does someone kill someone and get convicted of 3 different homicides?

 

Does the Double Jeopardy clause apply in that state?

 

The second-degree unintentional murder charge alleges Chauvin caused Floyd's death "without intent" while committing or attempting to commit felony third-degree assault. In turn, third-degree assault is defined as the intentional infliction of substantial bodily harm.
The third-degree murder charge alleges Chauvin caused Floyd's death by "perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life."
The second-degree manslaughter charge alleges Chauvin caused Floyd's death by "culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm."

I asked that same question 30 minutes ago

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3 minutes ago, Patrick Bateman said:

I think he knew.  Reportedly he was ready to plead guilty earlier to manslaughter.

 

Yeah, he knew.  It didn't come as a surprise but there was something happening in the courtroom that was confusing to him.  His eyes weren't shocked, just "Wait, hold on.  I know what you're saying but it should be happening like this."  I dunno, his eyes just seemed off, not shocked though.  Then again, it's the first verdict I've seen handed down where the defendant is in a mask so all you can see are the eyes.  

Oh well, texags is probably placing bets on how many black people will kill one another tonight.  Maybe I'll pick up some of the action with those racist fuckbags.

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1 minute ago, 4th and 5 said:

How the fuck does someone kill someone and get convicted of 3 different homicides?

 

Does the Double Jeopardy clause apply in that state?

 

The second-degree unintentional murder charge alleges Chauvin caused Floyd's death "without intent" while committing or attempting to commit felony third-degree assault. In turn, third-degree assault is defined as the intentional infliction of substantial bodily harm.
The third-degree murder charge alleges Chauvin caused Floyd's death by "perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life."
The second-degree manslaughter charge alleges Chauvin caused Floyd's death by "culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm."

As I understand, that is absolutely allowed because each lesser charge is a "lesser included offense" in the next higher charge.  So, on appeal, maybe the court of appeals finds that there's not enough evidence to sustain the verdict on murder 2, but there is on murder 3.  That avoids the need for a whole new trial on the murder 3 charge.  If the verdicts on all charges are sustained, he is only sentenced for the highest level charge of which he was convicted.

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Just now, Nice Guy Eddie said:

I'm happy with the verdict but sad that the whole event occurred. We should have never known the names George Floyd and Derek Chauvin. 

Maybe...JUST FUCKING MAYBE....this will be like a lightning bolt through the entire police force across our nation and show them that they are not above the law.

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It was the right outcome based on the law and the evidence.

It was a good outcome for whatever healing or change can come from this tragedy.

I keep waiting for a turning point.  At some point, if you are a cop, do you look at this and change your approach?  Do you say to yourself, "Hey, maybe I shouldn't shoot this guy because I could be charged with a crime."  Hasn't happened yet.  Maybe this is the moment.  I doubt it, but it could be.

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Not sure what he'll eventually get but it looks like about 15 years.  Gonna be difficult stretch of time for him to complete if he's released into Gen Pop.

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The second-degree murder charge says Chauvin intentionally assaulted Floyd with his knee, which unintentionally caused Floyd's death. The third-degree murder charge says Chauvin acted with a "depraved mind, without regard for human life." And the second-degree manslaughter charge says Chauvin's "culpable negligence" caused Floyd's death.
 
The charges are to be considered separate, so Chauvin could be convicted of all, some or none of them. If convicted, Chauvin could face up to 40 years in prison for second-degree murder, up to 25 years for third-degree murder and up to 10 years for second-degree manslaughter.
 
The actual sentences would likely be much lower, though, because Chauvin has no prior convictions. Minnesota's sentencing guidelines recommend about 12.5 years in prison for each murder charge and about four years for the manslaughter charge.

 

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8 minutes ago, Newdoc said:

This is not a surprise if you followed the case, evidence and testimony despite the naysayers on here.  However, you can see the palpable relief on the face of the crowd outside the courtroom. They probably had too many experiences where justice was not served.

I followed the Rodney King trial. I don’t take anything for granted. 

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Just now, Captainant said:

 

so is that a no on the surly riot shitposting and dogwhistle thread of dominance?

No dog whistles here.

1 minute ago, mdmost said:

workswithseed might need to pivot to showing cop rioting videos now.

And you would hate it since it's in video format, but I'd totally go out in Portland again to see antifa and police attack each other. 

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2 minutes ago, Patrick Bateman said:

Not sure what he'll eventually get but it looks like about 15 years.  Gonna be difficult stretch of time for him to complete if he's released into Gen Pop.

 

I thought ex-cops were always kept segregated from gen pop. That doesn't mean he won't receive specially treated meals from the gen pop inmates.

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4 minutes ago, Brisketexan said:

As I understand, that is absolutely allowed because each lesser charge is a "lesser included offense" in the next higher charge.  So, on appeal, maybe the court of appeals finds that there's not enough evidence to sustain the verdict on murder 2, but there is on murder 3.  That avoids the need for a whole new trial on the murder 3 charge.  If the verdicts on all charges are sustained, he is only sentenced for the highest level charge of which he was convicted.

In Texas, the verdict form begins with the highest charge, and then follows with, "If you do not so find beyond a reasonable doubt, then, if you believe, beyond a reasonable doubt, that the defendant [elements of the lesser included offense], then you shall render the verdict of 'guilty;' but if you do not so find beyond a reasonable doubt, then..." (not the actual wording, and I'm not going to dig out a jury charge right now, but that's the jist). So guilt is on the highest charge supported by the evidence. If an appeals court finds that the elements of a higher charge were not met, but the elements of a lesser were met, then they can reverse and render.

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1 minute ago, J.R. Juniors Junior Jr. said:

Except for the absolute lack of police response that's coming over the next few years as officers sit in their cars and sulk.

And if that the consequences, that should also lie at the feet of bad cops like Chauvin. It's not the prosecution or jury's fault if the police decide to react like that.

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