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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWe're not stupid': CNN's Van Jones accuses prosecutors of putting ex-cop Chauvin on path to 'exonera
https://www.rawstory.com/2020/05/were-not-stupid-cnns-van-jones-accuses-prosecutors-of-putting-ex-cop-chauvin-on-path-to-exoneration-for-floyd-death/Were not stupid: CNNs Van Jones accuses prosecutors of putting ex-cop Chauvin on path to exoneration for Floyd death
Published 3 mins ago on May 30, 2020By Matthew Chapman
On CNN Saturday, commentator Van Jones warned that the prosecution of the Minneapolis police officer involved in the death of George Floyd sets him up to be left off easy.
The idea that you could have a lynching, you know, an officer lynch a man, said Jones. That was a lynching. Not one minute, not two minutes, not three minutes, six, seven, eight minutes, providing someone of oxygen, a spectacle in front of a whole community, you have a lynching. You have not just an officer doing it, but you have three police officers there and do nothing to intervene, in fact defend him. You can then give Ive never heard of third degree murder. Im an attorney. Im in my 50s. Ive never heard of third degree murder. Not to arrest the other officers and were all going to say thank you very much and go back to what were doing."
"You know, if you have third degree murder, this guy is going to plea down to a traffic ticket, said Jones. Ive been black a long time. Were not stupid. This is the beginning of an exoneration, not a conviction. Were very sophisticated in our community about how law enforcement works. But you always get a bunch of charges in the community, in the hood, youll get 57 charges, and then youll plea down to four."
More at link.
I am not a lawyer, but I've never heard of 3rd degree murder. Anyone?
still_one
(92,061 posts)"If an individual intends to harm another person, but not kill that person, and the person dies anyway, charges of third-degree murder will likely be filed. A person convicted of murder in the third degree may be sentenced to imprisonment for not more than 25 years and a payment of a fine of not more than $40,000"
SheltieLover
(57,073 posts)lapucelle
(18,187 posts)"I've never heard of X" (implying, therefore, that X does not exist) is definitely stupid.
A media personality making these claims is dangerously stupid given the possibility that some in the audience might latch on to a narrative grounded in ignorance of state criminal law.
Igel
(35,274 posts)and 30 seconds, it would fix the problem.
Took him longer to say how correct he was than it would have to actually have been correct.
Evergreen Emerald
(13,069 posts)The Velveteen Ocelot
(115,585 posts)The statute, Minn. Stat. § 609.195, says: "Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree." They charged Chauvin with 3rd-degree murder because they believe they can prove the elements of the offense beyond a reasonable doubt; the video is strong evidence of a "depraved mind." On the other hand, first-degree murder requires proof beyond a reasonable doubt that he specifically intended, with premeditation, to kill Floyd. This is an extremely difficult burden of proof for the prosecution and it would almost certainly result in an acquittal. Cops are almost never convicted of first-degree murder, but another officer, Mohamed Noor, was convicted of third-degree murder by the same prosecutor two years ago. The probability of a conviction that carries a 25-year sentence is more important than the symbolic charge of first-degree murder that eventually fails, IMO.
comradebillyboy
(10,128 posts)happens?
DonCoquixote
(13,616 posts)even the WWE does not let their people attack the back of the neck. There is a wrestling move called a piledriver, that they no long allow (yes there is a variant they made, but it is for looks). Reason begin is that the back of the neck is easier to injure.
Hav
(5,969 posts)who regards liberal Clinton supporters as a greater problem than racists in the KKK.
I wish we could ask Floyd how much danger he sees coming from female Clinton supporters in comparison to racist fucks.
Solomon
(12,310 posts)I'm glad the family is doing their own autopsy.
lapucelle
(18,187 posts)we can do it
(12,169 posts)qazplm135
(7,447 posts)You did something so reckless that death was a real or likely consequence of your actions. It's a step above negligent homicide.
I suspect that the prosecutors are concerned about over charging and getting an acquittal. Thus this charge and the lesser manslaughter charge.
But in this case charge every little in the alternative, 1-3, and then see what you can prove up at trial.
I don't think Jones is right. The prosecutors know taking a low level plea would triple what we've seen the last few nights.
MaryMagdaline
(6,851 posts)Overcharging is how killer cops go free