Overcharging
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I'm not talking about what an isolated jury might find after having due process of the law hammered into their heads and maybe even buying into that responsibility. I am talking about our social ideas. And of course about the rioting that will commence if the jury comes to a verdict that our overton window has been pushed past.
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This is what the left has wrought. Bloodthirsty vengeance as a cultural response.
And now the lilly white, ineffectual little twerps of the left want to all but disband our whole police force. They'd be the first to be screaming at the onset of lawlessness.
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Up-charging the incident is going to make a conviction that much more difficult. Judges are very specific about jury instructions indicating what the actual charges are, rather than what the jury might think they should be.
If the jury acquits, and that's looking like it might happen, can you imagine the mayhem?
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Up-charging the incident is going to make a conviction that much more difficult. Judges are very specific about jury instructions indicating what the actual charges are, rather than what the jury might think they should be.
If the jury acquits, and that's looking like it might happen, can you imagine the mayhem?
@George-K said in Overcharging:
Up-charging the incident is going to make a conviction that much more difficult. Judges are very specific about jury instructions indicating what the actual charges are, rather than what the jury might think they should be.
If the jury acquits, and that's looking like it might happen, can you imagine the mayhem?
Especially if the police say "it's all yours, we're protecting the police station".
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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.
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“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.
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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.
Education is extremely important.
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But the killing was still not provably intentional. If I were on the jury I would find 2nd degree a stretch.
@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.
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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.
@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.
“I am fond of pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals.” ~Winston S. Churchill
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