Derek Chauvin trial

#2,077
#2,077
NurseGoodVol said:
Then have the child cut an affidvid and keep her out of a courtroom.
The aggravating factor can be considered with an affidavit.
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MN Supreme Court appears to hold otherwise.

State v. Rodriguez, 754 NW 2d 672 - Minn: Supreme Court 2008 - Google Scholar

“Furthermore, the Court emphasized in Crawford that the Confrontation Clause requires that the reliability of testimonial statements be assessed "by testing in the crucible of cross-examination." 541 U.S. at 61, 124 S.Ct. 1354.”

“Despite the fact that the current version of Minn. R.Crim. P. 15.01, subd. 2, was not in effect when the sentencing jury found appellant guilty of the four aggravating factors, the rule informs our conclusion that the Sixth Amendment right of confrontation applies in jury sentencing trials.”
 
#2,078
#2,078
PNW Huskie said:
Just watched the video. Was definitely justified. Looks like that girl was having an extreme case of rage or suffered from mental psychosis. Cop can't stand back and watch her plunge a 12" knife into another person. Protests on this one are futile. I bet that girl in pink and her family are thanking him.
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I bet that family isn’t thanking him. Look how quickly those lowlifes turned on the officers in Knoxville that shot the thug at Austin East. It doesn’t matter to them that he was beating their daughter or that he had a gun at school. No, now all that matters is that they get their perceived justice.
 
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#2,080
#2,080
volbeast33 said:
I agree that I feel he is guilty..... I thought of manslaughter or 3rd degree murder but still guilty...... I do think we need to stop our elected officials from trying to pressure the legal system whether it be trump or Maxine/Biden.
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Agree 1000%. I don’t care what side of the aisle you’re on, but no elected official should ever comment on an ongoing case or a trial before the verdict has been decided or the case has been closed. This week was unacceptable from the top on down. Certainly not surprising, but completely unacceptable.
 
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#2,082
#2,082
agVOL90 said:
I think murder charges should reflect those crimes that feature intent. I do not think he intended to kill him. I do think he was negligent and the manslaughter charge and conviction was justified.
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The law says he doesn't have to intend to kill him. Thats 1st degree.
 
#2,084
#2,084
OrangeBlood4life said:
Shall not be infringed. Yea he shouldn't have had a weapon. But, since he was 17, shoukd he not have a right to defend himself?

If he didn't have a weapon, would he be alive today? Or severely injured
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Every right to do so in the event his life is in jeopardy.

Based on the pictures it was in jeopardy from a man that wasn’t suppose to have a weapon anywhere on his person.

No, he would not be alive and it would still be his fault.
 
#2,086
#2,086
K-town Vol Fan said:
The law says he doesn't have to intend to kill him. Thats 1st degree.
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Even with second degree, I believe there is a level of intent, it just doesn't reach the same level as first degree. That's why you have staggered degree of charges. I disagree with the jury that it rose to second degree, but ultimately, that's just my opinion. I agree Chauvin was guilty of a crime and deserves punishment.
 
#2,087
#2,087
Weezer said:
Even with second degree, I believe there is a level of intent, it just doesn't reach the same level as first degree. That's why you have staggered degree of charges. I disagree with the jury that it rose to second degree, but ultimately, that's just my opinion. I agree Chauvin was guilty of a crime and deserves punishment.
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He was convicted of unintentional second degree murder during the commission of a felony.

There was no intent requirement as to the killing. His intent to commit the predicate felony (assault) was sufficient.
 
#2,088
#2,088
RDU VOL#14 said:
Agree 1000%. I don’t care what side of the aisle you’re on, but no elected official should ever comment on an ongoing case or a trial before the verdict has been decided or the case has been closed. This week was unacceptable from the top on down. Certainly not surprising, but completely unacceptable.
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From Maxine to Pelosi to Biden himself, as elected officials whose words carry weight, none of them should have been commenting on an ongoing trial. Their words have influence and act against the basic principles of our legal system. It was extremely ignorant of all of them.
 
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#2,089
#2,089
Weezer said:
Even with second degree, I believe there is a level of intent, it just doesn't reach the same level as first degree. That's why you have staggered degree of charges. I disagree with the jury that it rose to second degree, but ultimately, that's just my opinion. I agree Chauvin was guilty of a crime and deserves punishment.
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how many times do you have to be told you are wrong about that? I dont get it
 
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#2,091
#2,091
RockyTop85 said:
He was convicted of unintentional second degree murder during the commission of a felony.

There was no intent requirement as to the killing. His intent to commit the predicate felony (assault) was sufficient.
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And I disagree with the charge. It is what it is. I think second degree was a stretch. My opinion. Ultimately the jury made their decision and that's all that really matters.

The bigger question to me, at what point did Chauvin's actions become a felony? Floyd initially resisted and refused to get in the squad car, thus some restraint was warranted. At what point did the level of restraint rise to a felony on the part of Chauvin? Again, I agree he's guilty, it's just a question on the degree of the charge. I'm okay with him rotting in jail.
 
#2,093
#2,093
Weezer said:
And I disagree with the charge. It is what it is. I think second degree was a stretch. My opinion. Ultimately the jury made their decision and that's all that really matters.

The bigger question to me, at what point did Chauvin's actions become a felony? Floyd initially resisted and refused to get in the squad car, thus some restraint was warranted. At what point did the level of restraint rise to a felony on the part of Chauvin? Again, I agree he's guilty, it's just a question on the degree of the charge. I'm okay with him rotting in jail.
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There is no point that it rose to felony assault, imo. The point that he passed, Chauvin was pulling mace out because of the crowd. It's correctly manslaughter imo.
 
#2,096
#2,096
Weezer said:
Opinions are what they are by definition. Again, a failure of comprehension. I'm beginning to understand why you guys lose so many arguments.
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What is the definition of an opinion vs the definition of a fact?

You should've learned this in second grade.
 
#2,098
#2,098
Tyler Durden said:
What is the definition of an opinion vs the definition of a fact?

You should've learned this in second grade.
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The fact here is that in the opinion of the jury, it rose to second degree. I disagree with the opinion of the jury. That doesn't change the fact that their decision stands. Seems pretty simple to me. You understand a verdict is an opinion, correct?
 
#2,099
#2,099
@RockyTop85

Would you like to educate your fellows on how a jury verdict is a legal opinion? It's binding under law, but still an opinion. We've seen innocent men go to jail and guilty ones go free.
 
#2,100
#2,100
Weezer said:
The fact here is that in the opinion of the jury, it rose to second degree. I disagree with the opinion of the jury. That doesn't change the fact that their decision stands. Seems pretty simple to me. You understand a verdict is an opinion, correct?
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By your own standard their opinion isn't wrong because opinions can't be wrong. You don't understand the fundamentals of facts vs opinions. It's the jury's opinion that Chauvin murdered Floyd. The facts of the circumstances around the murder dictate that second degree murder charge wholly appropriate to convict him. I think you need to pull a Billy Madison and go back through elementary school.
 
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