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Related: About this forumVan Jones warns charges against Minneapolis cop are a 'glide path to an exoneration'
The Velveteen Ocelot
(115,836 posts)Charging first-degree murder (which would have to be done by grand jury indictment) would be the glide path to an exoneration because the prosecution would have to prove beyond a reasonable doubt that the cop specifically intended, with premeditation, to kill Floyd. This is an almost impossible burden of proof. A conviction on the third degree charge, however, is much more likely because there is ample evidence of depraved indifference. The important thing is to get a conviction, not to get a charge that will fail at trial.
Squinch
(51,004 posts)The Velveteen Ocelot
(115,836 posts)He hardly ever has anything useful to say. Isn't he the nitwit who got all teary-eyed and declared Trump presidential? https://www.cnn.com/2017/03/01/politics/van-jones-trump-congress-speech-became-the-president-in-that-moment-cnntv/index.html
Historic NY
(37,453 posts)Murder 3 and Manslaughter.
[link:https://www.revisor.mn.gov/statutes/cite/609.195|]
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.
[link:https://www.revisor.mn.gov/statutes/cite/609.205|]
609.205 MANSLAUGHTER IN THE SECOND DEGREE.
A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:
(1) by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or
(2) by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal; or
(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or
(4) by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner's premises, or negligently failing to keep it properly confined; or
(5) by committing or attempting to commit a violation of section 609.378 (neglect or endangerment of a child), and murder in the first, second, or third degree is not committed thereby.
If proven by a preponderance of the evidence, it shall be an affirmative defense to criminal liability under clause (4) that the victim provoked the animal to cause the victim's death.