fka ftc said:
Read what you wrote out loud and try not to laugh.
The law is innocent until PROVEN guilty. How is that concept so hard?
In no part of what I wrote did I opine his guilt or innocence, though since neither side has fully presented their case then he is in fact, at this time innocent.
I actually am completely open to his guilt or innocence as clearly all the evidence is in or the cases fully presented, including any rulings by judge on testimony or evidence and juror instructions. Hawg explains this well above. You start at innocent, you do no start as guilty nor reach that conclusion before judge tells you to go deliberate.
As soon as you have an opinion on the evidence or case thus far, then you are no longer an impartial juror and should excuse yourself. You cannot have it both ways.
Lumping with others who may have stronger feelings or drawn their own conclusion is disingenuous and incorrect.
Trust me, I'm not laughing at all.
Murder is out. I believe that 100%. If you consider me impartial, it's that I don't see any route to a conviction for murder. It was a silly thing to charge him with unless the prosecution has any evidence that Chauvin may have wanted Floyd dead.
Manslaughter? That's entirely different. There can be a degree of negligence here.
Quote:
609.205 MANSLAUGHTER IN THE SECOND DEGREE.
A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:
(1) by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or
This is the relevant statute in MN for manslaughter. I wouldn't disagree that the early level of force was necessary. But at some point, and we can pretty easily see that point in the video, Floyd stops being a threat and thus the level of force should have been lowered. But it wasn't. For minutes after he stopped moving or breathing or saying anything.
Now, my personal opinion is that what happened in the latter part was wrong. But if I were on the jury I would focus on whether it was lawful or unlawful. And that's what I'm trying to do now. Hence I keep saying I want more evidence and expert opinion. Not MMA fighter opinion, but genuine expert opinion.
The key is going to be if Chauvin's actions contributed to Floyd's death in a meaningful and negligent way. The video looks pretty clear, but you're stuck on "but there were drugs in his system that in other totally unrelated cases were at a fatal level (which is a paraphrasing of the ME report)!"
You're the one essentially saying "ignore what you saw in the video, the guy had a lot of drugs in his system."
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