04-12-2021, 08:29 AM
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Banned
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Join Date: Jan 2021
Location: Florida
Posts: 298
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https://www.westernjournal.com/read-...QtKVwRmhkrnvoM
Chauvin has been charged with second-degree murder, third-degree murder and second-degree manslaughter. All three charges are a challenge.
The prosecution first has to show beyond a reasonable doubt that Floyd’s death was caused by Chauvin’s actions. But the autopsy report shows that Floyd had fentanyl and methamphetamine in his system and had a serious heart problem, and that Chauvin’s neck hold did not in fact cause damage to Floyd’s trachea.
That means that while Chauvin’s neck restraint may have contributed to Floyd’s death by ratcheting up his blood pressure, for example, it’s uncertain that it caused Floyd’s death more than, say, the excited delirium from which Floyd may have already been suffering.
Second-degree murder requires that the prosecution prove beyond a reasonable doubt that Chauvin unintentionally killed Floyd while committing a felony — in this case, felony assault. But felony assault requires “intentional” infliction of bodily harm — that Chauvin wanted to hurt Floyd, not just use a suppression tactic already greenlit by the Minneapolis Police Department.
Third-degree murder — depraved-heart murder — doesn’t actually seem to fit the crime here, since it requires proving beyond a reasonable doubt that Chauvin acted in a way “eminently dangerous to others.” Others — plural. Usually, depraved-heart murder applies to someone who fires a gun into a crowd, not a person who targets an individual.
Second-degree manslaughter requires that the prosecution prove that Chauvin acted with “gross negligence.” But such gross negligence would have to show that Chauvin should have known that his behavior might cause Floyd’s death — an unlikely expectation, since the Minneapolis Police Department actively taught neck holds of the type Chauvin used, and which Chauvin applied only after Floyd resisted arrest and refused to be confined to the back seat of a police car.
Those are the facts. And facts don't care about your uneducated dumbass feelings.
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