blacklabman
Well-Known Member
In the case of the Floyd trial. I think I know what 1st and 2nd degree murder is, but not 3rd.
What is 3rd degree murder?
- Thread starter blacklabman
- Start date
609.195 MURDER IN THE THIRD DEGREE.
(a) 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 and may be sentenced to imprisonment for not more than 25 years.
(b) Whoever, without intent to cause death, proximately causes the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule I or II, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $40,000, or both.
(a) 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 and may be sentenced to imprisonment for not more than 25 years.
(b) Whoever, without intent to cause death, proximately causes the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule I or II, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $40,000, or both.
GregV814
Well-Known Member
its like some folks aren't sure they can get a conviction on 1st 2nd or manslaughter of a felon with 19 felony convictions full of illicit drugs who was being arrested for a number of crimes and decides to fight that ultimately died and caused many cities to burn for a boogeyman cause and the prosceutors want to save face and not give other felons a reason for burning more cities... sorta
Get over it , that cop murdered that guy plain and simple . I hope that he gets 20 years at a minimum.
SamSpade
Well-Known Member
It may well be that I just plain watch too much television - my knowledge of such things is limited to that, and accounts in real life AFTER they happen.
But this much seems apparent -
I don't know why this kind of stuff isn't second hand. But I have read numerous accounts over the years and appeared as a juror a few times in court, and it is astoishing to me how often a perp fights with his last ounce of strength. You know why it's dumb? It is amazing how so many career criminals will just surrender immediately - they've been through it before.
But this much seems apparent -
- If squad cars are chasing you down - either you on foot or in a car - your chances of escape are poor. You're more likely to cause further injury to others and possibly to yourself.
- If a dozen or more cops are running you down, armed, don't bother trying to Rambo them all - if you're in a shootout - and worse, if you'r alone - you WILL LOSE. Give the hell up. Your odds are so bad, they're barely measurable.
- If you're resisting arrest and you're facing a half dozen cops - unless you're Jackie Chan or Chuck Norris - you're going down. Stop fighting. If you're lucky, you might just get tazed.
- Since you WILL get caught - your best bet is, from the start - comply. Even if the cop is totally wrong, it won't work in your favor to be antagonistic. Not in court - and not later. I hate that this is true - both myself and members of my extended family have experienced unpleasant things at the hands of ******* cops - but they are among the few people I know whose job means they might not come home that night. They routinely deal with the kind of people you'd rather NOT deal with.
I don't know why this kind of stuff isn't second hand. But I have read numerous accounts over the years and appeared as a juror a few times in court, and it is astoishing to me how often a perp fights with his last ounce of strength. You know why it's dumb? It is amazing how so many career criminals will just surrender immediately - they've been through it before.
kom526
They call me ... Sarcasmo
Is proving "depraved mind" a prerequisite for a conviction? How could a prosecutor prove depravity?
I'm seriously curious about this.
One would think so. Here is a link to an article on lawpipe.com discussing the matter
kom526
They call me ... Sarcasmo
Thanks for this link. I think in this particular case the prosecutor will be very hard pressed to prove 3rd degree with the definition given. There seems to be too much gray area for one to give a true objective opinion.
Basically reckless endangerment.
Floyd couldn't comply because he was ODing on drugs and having a psychotic episode. The cop was trying to handle it and the local talent started moving in on him, so he had to worry about that as well as this mentally disturbed combative person he was there to do something about.
If the fake news media had simply shown the vid, we'd have all been like - damn, drugs are bad m'kay? But they showed us the clips they wanted us to see, then made up a story to go with it, and voila! Instant chaos and destruction.
Every cop in Minneapolis should walk out, if not in solidarity with Chauvin they should do it because their head could very well be next on the chopping block. The media vultures are one part of it, but when your own city government will gleefully throw you to the wolves to further their political agenda, a smart person would consider their options. Every single cop on that force is just one call away from becoming Derek Chauvin - it happens in a second on a routine call.
The reason they don't walk out is either A) they're dirty with corruption and enjoy busting heads; or B) they're too dumb to get any other job. That's it - there is no other reason why anyone would be a cop in these shithole psych wards.
That cop murdered George plain and simple , it doesn't take three law enforcement officers to control one handcuffed perp. By the way what ever happened to the bogus $20.00 bill that started the whole show . My bet is they never found it because it NEVER existed .
Okay, so either you know absolutely nothing about this case and are just spewing stupid, or you're a troll trying to provoke an argument. Either way, I'm not interested.
Ta ta.
WingsOfGold
Well-Known Member
Actually the autopsy said he overdosed. Farewell to bad rubbish with a rap sheet as long as this board has post.
Try again, both the families ( independent autopsy ) and state autopsy reports list asphyxia caused by neck compression AS CAUSE OF DEATH hence the charges that he is facing .
Yet another intelligent rebuttal from the VERY BLONDE . LOL I'm all aquiver .
Hijinx
Well-Known Member
It's obvious you have never dealt with a drugged up person that feels no pain, and has the urge to fight.
Hard to fight with 3 trained guys on top of you while laying on your stomach and handcuffed. Get real, did you even watch the video ?
I have 3 count them 3 cops in my family all three have expressed to me that protocol was breached and he was killed . One was a Major in the P.G. county PD, one a Corporal in the PG county PD and one on the Capital police . So don't try to feed me your BS . Manslaughter or murder he killed that guy ! Now will he be convicted your guess is as good as mine . Oh and once again where is the fake $20 bill that started all of this ?
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In some jurisdictions prosecutors get to pick one charge, not everything from Murder 1 to fly swatting.
What's clear in this case is that the state is being given every opportunity to convict Chauvin of something, which the judge can than throw the literal book at him.
I don't know Chauvin, but his record seems to suggest he has a heavy hand.
I don't know if the use of force he employed was in keeping with department policy or not.
But, whether I condone his actions or not, this case raises a huge question for law enforcement that has come up in other cases as well.
If you have a suspect who is violently resisting arrest, do you simply now let them go? Do you risk that any physical exertion on they part may risk death because of underlying medical conditions and drug use?
It's pretty clear that you can't shoot them, even if they are armed and a threat.
If a suspect, particularly one of color or a female, assaults an officer, do they even defend themselves or risk prosecution for excessive force?
What's clear in this case is that the state is being given every opportunity to convict Chauvin of something, which the judge can than throw the literal book at him.
I don't know Chauvin, but his record seems to suggest he has a heavy hand.
I don't know if the use of force he employed was in keeping with department policy or not.
But, whether I condone his actions or not, this case raises a huge question for law enforcement that has come up in other cases as well.
If you have a suspect who is violently resisting arrest, do you simply now let them go? Do you risk that any physical exertion on they part may risk death because of underlying medical conditions and drug use?
It's pretty clear that you can't shoot them, even if they are armed and a threat.
If a suspect, particularly one of color or a female, assaults an officer, do they even defend themselves or risk prosecution for excessive force?