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KentuckyWoman

(6,679 posts)
Sat Apr 10, 2021, 03:15 PM Apr 2021

Derek can prove his innocence so easy.

Put Derek in the same position Floyd was in for 9 minutes right next to the tail pile of a police car to ensure what little air he might get in is exhaust instead of oxygen.

Chauvin's side keeps saying that did not kill George Floyd. Well, just do it to Derek Chauvin and prove it is harmless.

I'm not trying to be a jerk. It just seems so obvious to me. If Chauvin refuses, that's pretty much an admission of guilt...

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Ocelot II

(115,686 posts)
1. Our legal system doesn't use trial by ordeal,
Sat Apr 10, 2021, 03:20 PM
Apr 2021

and no defendant is required to prove his innocence. The prosecution is required to prove beyond a reasonable doubt all elements of the crimes that were charged; and this prosecution is handling that burden quite competently. We don't need to resort to barbarism regardless of the nature of either the crime or the defendant.

KentuckyWoman

(6,679 posts)
9. It isn't that I want him to do go through it.
Sat Apr 10, 2021, 08:48 PM
Apr 2021

It's more along the lines that I don't understand why the defense is not floating the idea. The prosecution is saying this is what killed George Floyd and the defense disagrees and in fact claims this technique is harmless. The way they are throwing everything against the wall I'm surprised they haven't suggested a demonstration to show the prosecution is wrong.

Just my personal opinion, the fact they don't, considering every other thing they've claimed, it just shows me they know what Chauvin did was the cause. Regardless of the verdict, it seems to me Derek knows he's guilty.

I'm really talking about his perspective, not the court's. But I guess, yes, I did not word that well.

Ocelot II

(115,686 posts)
10. It isn't done that way.
Sat Apr 10, 2021, 09:00 PM
Apr 2021

They don't do "demonstrations" of the defendant's alleged crime on the defendant during a trial to try to prove the action wasn't dangerous. That's what expert witnesses are for. Anyhow, part of Chauvin's defense is that Floyd had a bad heart and was high on fentanyl and meth and that's what killed him, not Chauvin's restraint method. If they demonstrated the technique on Chauvin, who presumably does not have a bad heart and is not high on meth and fentanyl, it wouldn't prove anything unless he died, too (which would actually prove the prosecution's point). No demonstration is useful unless the circumstances can be duplicated, and demonstrating the technique on Chauvin in the courtroom wouldn't do that at all. No judge would allow it.

Quemado

(1,262 posts)
11. Can you provide us your opinion of how this trial is going so far?
Sat Apr 10, 2021, 09:38 PM
Apr 2021

How well is the prosecution doing its job?

What do you expect the defense strategy will be?

Thanks

Ocelot II

(115,686 posts)
14. I think the prosecutors are doing an excellent job.
Sat Apr 10, 2021, 10:20 PM
Apr 2021

They are competent, careful and prepared, and they have chosen excellent witnesses - especially Dr. Tobin, who was extremely effective. They have anticipated Chauvin's defenses and have front-loaded the evidence so whatever Nelson brings up during the defense's case has been refuted in advance. I really don't know what he can do besides squirt squid ink around to try to sow enough confusion that maybe one juror will find reasonable doubt. But Chauvin has been charged under three different statutes so there's plenty for the jury to choose from. I don't know how he can get around the video and the expert testimony - I think he will be convicted but I'm not sure of what - right now I'm guessing it will be third-degree murder, the "depraved mind" charge. But there's still a ways to go.

Celerity

(43,349 posts)
13. Why the trial by ordeal was actually an effective test of guilt
Sat Apr 10, 2021, 09:57 PM
Apr 2021
https://aeon.co/ideas/why-the-trial-by-ordeal-was-actually-an-effective-test-of-guilt



The quest for criminal justice is fraught with uncertainty. Did the defendant commit the crime, or is he a victim of incriminating circumstances? Is he guilty as charged, or has he been charged guilty by an overzealous prosecutor? Unsure about the truth, we often end up guessing ‘He did it’ when he might not have, or ‘He didn’t do it’ when in fact he did. The only ones who know for sure whether a defendant is guilty or innocent are the defendant himself and God above. Asking the defendant to tell us the truth of the matter is usually useless: spontaneous confessions by the guilty are rare. But what if we could ask God to tell us instead? And what if we did? And what if it worked?

For more than 400 years, between the ninth and the early 13th centuries, that’s exactly what Europeans did. In difficult criminal cases, when ‘ordinary’ evidence was lacking, their legal systems asked God to inform them about defendants’ criminal status. The method of their request: judicial ordeals. Judicial ordeals took several forms, from dunking the defendant in a pool of holy water to walking him barefoot across burning plowshares. Among the most popular, however, was the ordeal of boiling water and the ordeal of burning iron. In the former, the defendant plunged his hand into a cauldron of boiling water and fished out a ring. In the latter, he carried a piece of burning iron several paces. A few days later, the defendant’s hand was inspected: if it was burned, he was guilty; if not, he was innocent.

Judicial ordeals were administrated and adjudged by priests, in churches, as part of special masses. During such a mass, the priest requested God to reveal to the court the defendant’s guilt or innocence through the ordeal – letting boiling water or burning iron burn the defendant if he were guilty, performing a miracle that prevented the defendant’s hand from being burned if he were innocent. The idea that God would respond to a priest’s request in this way reflected a popular medieval belief according to which ordeals were iudiciua Dei – ‘judgments of God’. Getting God to judge the guilt or innocence of criminal defendants is a pretty nifty trick if you could pull it off. But how could medieval European courts accomplish this?

Rather easily, it turns out. Suppose you’re a medieval European who’s been accused of stealing your neighbour’s cat. The court thinks you might have committed the theft, but it’s not sure, so it orders you to undergo the ordeal of boiling water. Like other medieval Europeans, you believe in iudicium Dei – that a priest, through the appropriate rituals, can call on God to reveal the truth by performing a miracle that prevents the water from burning you if you’re innocent, letting you burn if you’re not. If you undergo the ordeal and God says you’re guilty, you have to pay a large fine. If He says you’re innocent, you’re cleared of the charge and pay nothing. Alternatively, you can avoid undergoing the ordeal by confessing to having stolen the cat, in which case you pay the fine, a bit reduced for having admitted your guilt.

snip

Ocelot II

(115,686 posts)
18. Trial by ordeal really wouldn't be useful in this case because its purpose
Sat Apr 10, 2021, 11:14 PM
Apr 2021

was to extract confessions - but there's nothing for Chauvin to confess to. We know exactly what he did, and he doesn't (and can't) deny it. Why he did it isn't relevant either. The only question is whether what he did fits factually within the descriptions of any of the three crimes he's charged with.

Jim__

(14,075 posts)
4. I don't believe it was.
Sat Apr 10, 2021, 03:36 PM
Apr 2021

The EMT that testified said that fluid came from Floyd's body and that's how she knew he was dead. Under later testimony, the defense lawyer got someone to say that the fluid was condensation from the car's air. He also said that though the car was turned off, the air could be running.

There definitely was not any visible exhaust.

DetroitLegalBeagle

(1,923 posts)
6. It would be odd for the car to be off
Sat Apr 10, 2021, 06:17 PM
Apr 2021

Patrol cars rarely are shut off in case the officer has to jump into them and go in a hurry. The lights and electronics in the vehicles also put a large drain on the electrical system and wouldnt last long on a turned off car. Pretty much all modern police vehicles are designed to run without the keys in the ignition specifically for this purpose. I know for smaller departments where there are limited numbers of cars, the vehicles may not be shut off except for refueling as the cars are hot swapped as officers begin and end their shifts.

jmowreader

(50,557 posts)
12. The fan could be running, but not the compressor
Sat Apr 10, 2021, 09:45 PM
Apr 2021

AC compressors are driven off the engine.

And I do find it strange the assertion the car was off. I know the departments around here have a policy: if the top lights are on, the engine must be running because the light bar will kill your battery in just a few minutes.

Jim__

(14,075 posts)
17. Neither the top lights nor the headlights were on.
Sat Apr 10, 2021, 11:01 PM
Apr 2021

At about 6:30 into this video, at 6:30 it's into Keung's body cam video, they are walking Floyd across 38th toward Keung and Lane's car. All the lights are off. The video is graphic.

Jim__

(14,075 posts)
5. Part of what the defense is trying to contend is that Chauvin's knee wasn't really on Floyd's neck.
Sat Apr 10, 2021, 03:45 PM
Apr 2021

At least not for most of the nine and a half minutes - they claim it was more on his shoulder blade and/or back. They are also contending that Chauvin's weight was mostly on his (Chauvin's) feet, not on Floyd.

I think the defense might concede that if what everybody saw happen actually happened, it would kill Floyd. At least a part of what they're saying is it's not what it looks like.

mysteryowl

(7,383 posts)
7. Well, if the experiment was done hypothectially...
Sat Apr 10, 2021, 06:19 PM
Apr 2021

he would also need to be terrified and not know what was happening to him.

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