Overcharging

[LuFins Dad]

Levin was saying Murder 2 last week, and I tend to agree with his reasoning. If it had been 2 minutes, it would be a hard sell, but 8? Nah.

[Jolly]

I may be wrong, but doesn't Murder 2 have to have an element of intent?

[LuFins Dad]

“Second degree murder is generally defined as intentional murder that lacks premeditation, is intended to only cause bodily harm, and demonstrates an extreme indifference to human life.”

Floyd’s unconscious five minutes in. Every second after that is intended to cause harm and demonstrates an extreme indifference to human life.

[Horace]

I can see murder 2.

[Mik]

But the killing was still not provably intentional. If I were on the jury I would find 2nd degree a stretch.

[Horace]

I suppose any member of the jury is going to have the social consequences on their minds. There is a clear promise of a widespread violent uprising, bought and paid for by the left, if the verdict isn't as demanded.

[Jolly]

@Mik said in Overcharging:

But the killing was still not provably intentional. If I were on the jury I would find 2nd degree a stretch.

IIRC, choke holds are allowed in Minneapolis. And folks, people will scream most anything while being restrained. The cop screwed up by not checking on his suspect's health, which is negligence. He used too much force, which is criminal.

You can nail him for Murder 3 pretty easily, IMO. Unless the fix is in, Murder 2 will make for a very interesting trial.

[Copper]

I suppose a police mob could destroy some property and get the charges reduced.

[Mik]

@Horace said in Overcharging:

I suppose any member of the jury is going to have the social consequences on their minds. There is a clear promise of a widespread violent uprising, bought and paid for by the left, if the verdict isn't as demanded.

I wouldn’t. The case is the case and has to stand on its own merits. I would not give social consequence any consideration at all. Anything else is in fact an abdication of your real social responsibility.

[LuFins Dad]

[George K]

@Mik said in Overcharging:

The case is the case and has to stand on its own merits. I would not give social consequence any consideration at all. Anything else is in fact an abdication of your real social responsibility.

You foolish idealist, you.

[Horace]

Would be nice if the jury held themselves to that standard.

[George K]

@Horace said in Overcharging:

Would be nice if the jury held themselves to that standard.

You foolish idealist, you.

[Horace]

I mean, not nice for store owners on main street.

Nice for glass repair people.

[Mik]

@George-K said in Overcharging:

@Mik said in Overcharging:

The case is the case and has to stand on its own merits. I would not give social consequence any consideration at all. Anything else is in fact an abdication of your real social responsibility.

You foolish idealist, you.

You cynical curmudgeon, you.

[Rainman]

It will be interesting what comes out during the trial. I maintain there is a backstory yet to come out.
They knew each other. Either the cop was giving special punishment to Floyd to teach him a lesson, or, the cop was telegraphing a lesson to someone else via Floyd, but which included Floyd.
The fact that the other cops did virtually nothing, seems to indicate that they knew better than to cross the cop, or do anything other than gently try to convince him to get off his neck.

Think Serpico, and it all makes sense.