- Sep 4, 2005
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Minnesota charges three more officers over George Floyd killing and elevates Chauvin murder charge
(and said that he's even considering elevating it to First-Degree Murder)
I'd like to see that officer behind bars, but unless Ellison plans on personally trying this case himself, and feels he has an airtight case for it, I think they may be a big strategic blunder.
Hopefully he's not making the same mistake we've seen others make in the past with regards to these sorts of cases...where they try to cater the charges to the level of public outrage rather than to cater the charges to the evidence on hand that can be proven in court.
If it turns out this is another case of "overcharging" that ends in an acquittal (like we've seen in the past with similar cases), I think the country is in for a rough road in terms of unrest.
There's a reason why a lot of legal analysts say that if the charge would've been manslaughter instead of second-degree murder, Zimmerman would've done 10 years in jail as opposed to walking out a free man like he did. (even the judge in that case made a proposal that the jurors in that case should've been able to consider manslaughter as a lesser charge --- trying to steer things in the right direction, overstepping bounds? perhaps...but none the less, the judge saw the writing on the wall, so to speak)
Given that 3rd degree murder would be easily provable in this case (and carry a 25 year sentence which at Chauvin's age, would likely be most of the rest of his life), and that Murder-2 is going to be much harder to try (from a prosecution standpoint), is it a major blunder on the part of Ellison to elevate the charges to "prove how seriously he's taking it" for some short-term popularity, when it risks letting that killer cop get off completely free?
(keeping in mind that trying a cop is already an uphill battle from a prosecution standpoint, so it's best not to try a charge that you don't have an airtight case for)
Given that the difference between 3rd and 2nd degree murders in MN is 25 vs 40 years, and that under their statutes, 2nd degree murder is defined is qualified as
a person can be charged with second-degree murder under two conditions. First, if the person “causes the death of a human being with intent to effect the death of that person or another, but without premeditation." Second, if that person "causes the death of a human being, without intent, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting."
...compared to 3rd degree, which MN simply qualifies with
“by perpetrating an act eminently dangerous to others and evincing a depraved mind without regard for life and without intent to kill."
...it seems like they're jeopardizing a slam dunk case for a 25 year sentence, in order to take a big gamble in order to try to get 40 years.
(and said that he's even considering elevating it to First-Degree Murder)
I'd like to see that officer behind bars, but unless Ellison plans on personally trying this case himself, and feels he has an airtight case for it, I think they may be a big strategic blunder.
Hopefully he's not making the same mistake we've seen others make in the past with regards to these sorts of cases...where they try to cater the charges to the level of public outrage rather than to cater the charges to the evidence on hand that can be proven in court.
If it turns out this is another case of "overcharging" that ends in an acquittal (like we've seen in the past with similar cases), I think the country is in for a rough road in terms of unrest.
There's a reason why a lot of legal analysts say that if the charge would've been manslaughter instead of second-degree murder, Zimmerman would've done 10 years in jail as opposed to walking out a free man like he did. (even the judge in that case made a proposal that the jurors in that case should've been able to consider manslaughter as a lesser charge --- trying to steer things in the right direction, overstepping bounds? perhaps...but none the less, the judge saw the writing on the wall, so to speak)
Given that 3rd degree murder would be easily provable in this case (and carry a 25 year sentence which at Chauvin's age, would likely be most of the rest of his life), and that Murder-2 is going to be much harder to try (from a prosecution standpoint), is it a major blunder on the part of Ellison to elevate the charges to "prove how seriously he's taking it" for some short-term popularity, when it risks letting that killer cop get off completely free?
(keeping in mind that trying a cop is already an uphill battle from a prosecution standpoint, so it's best not to try a charge that you don't have an airtight case for)
Given that the difference between 3rd and 2nd degree murders in MN is 25 vs 40 years, and that under their statutes, 2nd degree murder is defined is qualified as
a person can be charged with second-degree murder under two conditions. First, if the person “causes the death of a human being with intent to effect the death of that person or another, but without premeditation." Second, if that person "causes the death of a human being, without intent, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting."
...compared to 3rd degree, which MN simply qualifies with
“by perpetrating an act eminently dangerous to others and evincing a depraved mind without regard for life and without intent to kill."
...it seems like they're jeopardizing a slam dunk case for a 25 year sentence, in order to take a big gamble in order to try to get 40 years.
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