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  • marxisthayaca [he/him,they/them]M
    ·
    edit-2
    4 years ago

    3rd degree murder charges against Derek Chauvin have been dismissed, 2nd degree murder and aiding and abetting 2nd degree still pending.

    https://www.cnn.com/2020/10/22/us/derek-chauvin-george-floyd-charge-dropped/index.html?utm_term=link&utm_medium=social&utm_source=twCNN&utm_content=2020-10-22T14%3A53%3A02

    Third Degree Murder Overview By Bridget Molitor, JD | Reviewed by Kellie Pantekoek, Esq. | Last updated June 01, 2020

    Someone can be accused of third-degree murder if they unintentionally cause someone else's death while committing a dangerous act. This is different from first-degree and second-degree murder charges, where intent is generally required.

    Only three states have third-degree murder laws: Minnesota, Florida, and Pennsylvania. Each of these three states defines third-degree murder differently, as explained in the chart below.

    Minnesota Law: Minnesota Statutes Section 609.195 Definition: The unintentional killing of another through an eminently dangerous act committed with a depraved mind and without regard for human >life. Also includes causing another's drug-related death by selling, delivering, or administering a Schedule I or II controlled substance. Penalty: Up to 25 years in prison and a fine of up to $40,000*

    2nd degree is going to be harder to prove, making it easier for him to walk.

      • marxisthayaca [he/him,they/them]M
        ·
        4 years ago

        all according to plan. the prosecutors will botch proving intent. Dumbfuck jurors will go “oh cop feared for his life” and there’ll be more riots.

        • Gay_Wrath [fae/faer]
          ·
          4 years ago

          in that case, there are almost 18,000 police stations in the United states. Hopefully the riots can put a dent in those numbers.

        • anthm17 [he/him]
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          4 years ago

          the prosecutors will botch proving intent

          The 2nd degree charge is unintentional.

    • anthm17 [he/him]
      ·
      edit-2
      4 years ago

      Not necessarily, the third degree charge was specifically called out as the sort of bullshit they charge in order to get the cop off on a lame technicality (it’s got all sorts of weird rules and probably unprovable requirements).

      2nd degree is more straightforward.

      • anthm17 [he/him]
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        4 years ago

        The unintentional killing of another through an eminently dangerous act committed with a depraved mind and without regard for human life.

        To get a conviction they would have to show that and it’s how could you possibly do that?

        That’s insane, and that’s why they charged him with it. He wasn’t depraved, it wasn’t completely without regard for life, it was intentional, etc...

        This is why people were so pissed off and why Ellison wound up having to take over.

        • LaughingLion [any, any]
          ·
          4 years ago

          they have to prove intent now and they will never prove he intentionally killed him

          i think they could have proven he did not have regard for human life and that disregard was "depraved"

          • anthm17 [he/him]
            ·
            edit-2
            4 years ago

            He's specifically facing 2nd degree unintentional and 2nd degree manslaughter.

            What sucks is apparently 3rd degree murder can go up to 40 years, 2nd unintentional only up to 15.

            i think they could have proven he did not have regard for human life and that disregard was “depraved”

            But simultaneously he had no actual intent to kill him?

            No that charge was absolutely designed to get him off.

            edit: not specifically about this, but about charging cops and how they ratfuck it. https://twitter.com/realstevecox/status/1266243977528799232?lang=en