The charges leveled against Chauvin are hard to prove
Chauvin is charged with second degree murder, third degree murder, and second degree manslaughter.
In order to find Chauvin guilty of second degree murder, the prosecution will need to demonstrate one of the following:
In order to find Chauvin guilty of second degree manslaughter, the prosecution will need to demonstrate that “George Floyd’s death was the result of Chauvin’s culpable negligence and that Chauvin created an unreasonable risk and consciously took chances of causing death or great bodily harm.”
Of these charges, second degree manslaughter is the only conviction which seems likely given the clear existence of reasonable doubt. Given that it appears that the knee hold in question was part of MPD training materials, the argument that Chauvin’s actions were lawful — not moral — examples of culpable negligence is increasingly thin.
Chauvin is charged with second degree murder, third degree murder, and second degree manslaughter.
In order to find Chauvin guilty of second degree murder, the prosecution will need to demonstrate one of the following:
- That Chauvin caused the death of George Floyd intentionally but without premeditation.
- That Chauvin caused the death of George Floyd without intending to kill him while “committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence.”
- That Chauvin caused the death of George Floyd without intending to kill him “while intentionally inflicting or attempting to inflict bodily harm upon the victim,” while Floyd was “restrained under an order for protection and the victim is a person designated to receive protection under the order.”
In order to find Chauvin guilty of second degree manslaughter, the prosecution will need to demonstrate that “George Floyd’s death was the result of Chauvin’s culpable negligence and that Chauvin created an unreasonable risk and consciously took chances of causing death or great bodily harm.”
Of these charges, second degree manslaughter is the only conviction which seems likely given the clear existence of reasonable doubt. Given that it appears that the knee hold in question was part of MPD training materials, the argument that Chauvin’s actions were lawful — not moral — examples of culpable negligence is increasingly thin.