Overcharging
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wrote on 6 Jun 2020, 00:15 last edited by
@jon-nyc said in Overcharging:
Depends on the jury
Jury selection will be interesting. And maybe venue selection.
Somewhere where they haven't seen the video.
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wrote on 6 Jun 2020, 00:54 last edited by
The mob demands first degree murder which is ludicrous in its face.
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wrote on 6 Jun 2020, 01:00 last edited by
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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wrote on 6 Jun 2020, 01:00 last edited by
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?
wrote on 6 Jun 2020, 01:07 last edited by@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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wrote on 6 Jun 2020, 01:13 last edited by
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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wrote on 6 Jun 2020, 01:15 last edited by
I may be wrong, but doesn't Murder 2 have to have an element of intent?
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wrote on 6 Jun 2020, 01:24 last edited by
“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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wrote on 6 Jun 2020, 01:33 last edited by
I can see murder 2.
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wrote on 6 Jun 2020, 01:38 last edited by
But the killing was still not provably intentional. If I were on the jury I would find 2nd degree a stretch.
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wrote on 6 Jun 2020, 01:42 last edited by
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.
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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.
wrote on 6 Jun 2020, 01:43 last edited by@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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wrote on 6 Jun 2020, 02:08 last edited by
I suppose a police mob could destroy some property and get the charges reduced.
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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.
wrote on 6 Jun 2020, 02:12 last edited by Mik 6 Jun 2020, 02:14@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.
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wrote on 6 Jun 2020, 02:14 last edited by
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@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.
wrote on 6 Jun 2020, 02:15 last edited by@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.
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wrote on 6 Jun 2020, 02:18 last edited by
Would be nice if the jury held themselves to that standard.
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wrote on 6 Jun 2020, 02:23 last edited by
@Horace said in Overcharging:
Would be nice if the jury held themselves to that standard.
You foolish idealist, you.
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wrote on 6 Jun 2020, 02:33 last edited by
I mean, not nice for store owners on main street.
Nice for glass repair people.
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@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.
wrote on 6 Jun 2020, 02:46 last edited by@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.