(08-11-2020 03:00 PM)JMUDunk Wrote: (08-11-2020 02:48 PM)memtigbb Wrote: (08-11-2020 02:46 PM)49RFootballNow Wrote: (08-11-2020 02:37 PM)memtigbb Wrote: Cop says "I think he passed out" and they stay on top of him. People are saying he aint breathing bro.. he isnt responsive.. check his pulse.
yeah jail time for that cop. That one cop did not stop, the other cops moved off him. The ass cop just would not quit until he killed the guy. JAIL TIME
Unfortunately they chose to charge him with 2nd Degree Murder. That body cam footage would not convict anyone of 2nd Degree Murder. They over charged and when he walks we will have new riots.
Yeah I have said that since the beginning. When they raised his charges from 3rd to 2nd... They should have gone with some kind of negligent homicide. That would be a slam dunk. By charging him with a type of murder they are making it easy for the defense to get him off.
Pretty sure some States than can do a "conviction of lesser included charges" or something like that. One of the resident lawyers can clean that up. IOW's in my understanding if the jury can't find a guilty verdict for 2nd degree, they can find guilt to a lesser charge. Others apparently if you swing for the fences and come up short, tough schit, they walk.
Guess we'll see.
In this case there isnt a 'homicide-type' lesser included charge. This case is based on a felony-murder charge, not the traditional 2nd degree murder (i.e. killing with intent).
In most states, you have to bring a listing of each charge -- whether it is a lesser included or not. The prosecution will typically 'try' the higher one, and have a separate question set for the charged but not emphasized lesser charge as a back up.
If this were a traditional 2nd degree charge (i.e. a killing with intent to do so), the prosecution would charge, or not charge, the lesser includeds as they saw fit as to the strength of the max case.
But in a felony murder case, the theory isnt 'an intentional killing' --- the theory is 'you were committing a felony, and in the course of that felony someone was killed'. The intent of the other felony 'transfers' to the killing, so to speak.
Example, assume a state had a felony count for stealing more than 20 marbles. If the perp steals 20 marbles, and then accidentally elbows a pedestrian off of the curb where the pedestrian strikes his head and dies, the act of the killing would be a 2nd degree felony murder charge for the death, instead of a mere minor assault.
If he steals 10 marbles (not a felony), the action with the pedestrian is an assault.
The MN charge on Chauvin is bootstrapping an assault of George as a felony, making his death a felony murder. MN is somewhat unique, since the assault is a lesser included, and only a handful of states allow a lesser included to be the felony that elevates a death into 2nd degree murder.