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stopdiggin

(11,242 posts)

14. 1st degree probably doesn't fly

Reply to LakeArenal (Reply #9)

Thu Oct 22, 2020, 03:44 PM

Oct 2020

premeditated intent probably won't pass with any jury. 2nd degree is really the proper charge here (IMO) -- and even that will require selling a jury on a certain amount of intent (or blatant disregard).

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Highlight:

Judge drops third-degree murder charge against former officer Derek Chauvin in George Floyd's death [View all] Calista241 Oct 2020 OP

Wow. That's Effed. Just wow. LakeArenal Oct 2020 #1

Sounds like the judge dropped the lower murder charge. davsand Oct 2020 #3

Because it first degree murder to begin with. LakeArenal Oct 2020 #9

1st degree probably doesn't fly stopdiggin Oct 2020 #14

Well isn't that just the shit folks are protesting. LakeArenal Oct 2020 #19

I guess that's why it goes before a jury (nt) stopdiggin Oct 2020 #21

Because it removes the chance that a jury might hesitate soldierant Oct 2020 #22

Did you read the article? yardwork Oct 2020 #16

Comparing and contrasting the 2nd and 3rd degree murder charges in MN melm00se Oct 2020 #2

Looks like 3rd Degree is a lesser included offense. Laelth Oct 2020 #4

It takes away from the jury the option of letting him off the hook somewhat. The Velveteen Ocelot Oct 2020 #5

Thanks for the reply. Laelth Oct 2020 #6

I didn't even know you could charge both 2nd and 3rd degree, the latter as like a 'fallback' mr_lebowski Oct 2020 #7

You can. They are called lesser included offenses. The Velveteen Ocelot Oct 2020 #8

Huh. Okay ... mr_lebowski Oct 2020 #10

But On The Other Hand RobinA Oct 2020 #15

I suspect that increases the chance of him getting off altogether Ron Obvious Oct 2020 #11

Wait til other charges are dropped, probably 24 hours or so before election day. I predicted this BamaRefugee Oct 2020 #12

That will not happen. The Velveteen Ocelot Oct 2020 #18

Everybody told me "it won't happen" when I predicted Chauvin would be released. BamaRefugee Oct 2020 #24

apparently the judge determined that 3rd degree stopdiggin Oct 2020 #13

The jury instructions for third-degree murder, used in the Mohamed Noor case: The Velveteen Ocelot Oct 2020 #17

thank you. that is certainly NOT tangential stopdiggin Oct 2020 #20

There are numerous reports (not all identical) that Chauvin and Floyd had had a run-in before DFW Oct 2020 #23