225 Comments
⭠ Return to thread

Most of the general public haven't seen MI - mentally ill - cases before. I have, I did defense for involuntary commitments for 10 years. Floyd was pretty obviously an MI case, on his first arrest where he showed signs and symptoms of MI, he should have been involuntarily committed to a state hospital for long enough to treat the MI issues. If the ambulance had shown up, he would have been strapped to a gurney and transported to a locked psych ward and treated there. "Sloppy and accidentally" = negligent manslaughter, and "maliciously but without the intent to kill" = reckless homicide, also known as second degree murder - neither rise to the standard of first degree murder, which require a state of mind which is knowing and intentional. If your hunch is that it wasn't malicious, that means that there is a reasonable doubt that it could have been second degree murder. The correct way to have charged Chauvin would have been murder in the second degree, with an underlying lesser included charge of negligent homicide. If there was a reasonable doubt that it was second degree murder, the jury could have been given a negligent homicide instruction. First degree murder in this case is an example of over charging - prosecutors do this, though, as an incentive in plea negotiations, i.e. "If you decide to take this to a jury trial instead of having your client plead to second degree murder, I'll amend the charge to first degree murder." The presence of a crowd outside screaming for Chauvin's blood should have been sufficient for a change of venue, from the psychological pressure on the jury, combined with direct threats to jurors, there's no way that Chauvin got a fair trial on the merits.

Expand full comment

Again, you are missing my point. I am making criticisms at the documentary.

Expand full comment