Fired officer in George Floyd case arrested

[halfback20]

Gonna be a while til the others receiving charges, but the probably will. Right?

 

No way to know on how fast charges will come but I wouldn't be surprised to see federal charges for all of them.

[TheDeuce]

Chauvin’s charge has been bumped up to 2nd Degree murder, and the other three officers have been charged with aiding and abetting murder in the 2nd degree.

[CincySportsFan]

Chauvin’s charge has been bumped up to 2nd Degree murder, and the other three officers have been charged with aiding and abetting murder in the 2nd degree.

 

So does anyone know if he/they can still be charged/convicted of 3rd degree murder, if this fails? I'm not a lawyer, but the way I read the earlier posts, 3rd degree seemed like a slam dunk.

[mcpapa]

So does anyone know if he/they can still be charged/convicted of 3rd degree murder, if this fails? I'm not a lawyer, but the way I read the earlier posts, 3rd degree seemed like a slam dunk.

I’m not a legal scholar and certainly don’t know the intricacies of Minnesota law. My knee jerk answer would be no. Double jeopardy.

[CincySportsFan]

I’m not a legal scholar and certainly don’t know the intricacies of Minnesota law. My knee jerk answer would be no. Double jeopardy.

 

Didn't know if they could present both charges to the jury, and if they didn't go for 2nd degree, could still convict on 3rd.

[Beechwoodfan]

Those officers are not going to do well in prison.

[TheDeuce]

Those officers are not going to do well in prison.

 

If they go to prison.

[Beechwoodfan]

If they go to prison.

 

True, stupid assumption.

[theguru]

Chauvin’s charge has been bumped up to 2nd Degree murder, and the other three officers have been charged with aiding and abetting murder in the 2nd degree.

 

Good!

[MJAlltheWay24]

So does anyone know if he/they can still be charged/convicted of 3rd degree murder, if this fails? I'm not a lawyer, but the way I read the earlier posts, 3rd degree seemed like a slam dunk.

 

Didn't know if they could present both charges to the jury, and if they didn't go for 2nd degree, could still convict on 3rd.

 

It's my understanding, but that could just be from television, that you can charge someone with two different degrees at the same time. It can be risky for a prosecutor because at times the jury might choose to go for the lesser charge and they would've convicted on the more severe charge, if it was the only option.

 

The reverse can be true thought too though. If you don't include both charges, you could lose on the severe and the person walks with nothing.

 

Once found not guilty, you can't be charged for the same crime and a lesser offense. That's where the double jeopardy comes in.

 

But again, I'm passing a lot of this off of television. Hopefully I'm right lol

[Randy Parker]

Good!

 

Agreed. I thought second degree was the appropriate charge originally. Just hope it sticks.

[wrn1979]

It's my understanding, but that could just be from television, that you can charge someone with two different degrees at the same time. It can be risky for a prosecutor because at times the jury might choose to go for the lesser charge and they would've convicted on the more severe charge, if it was the only option.

 

The reverse can be true thought too though. If you don't include both charges, you could lose on the severe and the person walks with nothing.

 

Once found not guilty, you can't be charged for the same crime and a lesser offense. That's where the double jeopardy comes in.

 

But again, I'm passing a lot of this off of television. Hopefully I'm right lol

 

Are you like me? Spent twenty years in Law School at the University of “Law and Order?”

[MJAlltheWay24]

Are you like me? Spent twenty years in Law School at the University of “Law and Order?”

 

Haha not quite. I got my law degree from The Practice.

[CincySportsFan]

Okay, after doing a little research, I've found this...

 

Minneapolis Police Officer Mohamed Noor was found guilty on third degree murder and manslaughter charges in May 2019. Noor was the one who shot and killed Justine Diamond, an unarmed Australian woman living in Minneapolis who was fatally shot after calling 911 to report a possible sexual assault.

 

Noor was sentenced to serve 12 1/2 years in prison.

 

Noor with second degree murder, but the jury acquitted him on that account. The guidelines recommend 12 1/2 years for unintentional second degree murder, but go up to 25 1/2 for intentional second degree murder.

 

So, it sounds like it is possible to have second-degree murder, third-degree murder and manslaughter charges all up for grabs when it goes to trial in Minnesota.

 

What I'm still unsure of in the Floyd case is, were the charges to include second-degree murder (along with third degree)...or were the charges upgraded to replace third degree with second-degree? I agree with MJ on this, there is a risk/reward for doing it either way.

[TheDeuce]

Okay, after doing a little research, I've found this...

 

Minneapolis Police Officer Mohamed Noor was found guilty on third degree murder and manslaughter charges in May 2019. Noor was the one who shot and killed Justine Diamond, an unarmed Australian woman living in Minneapolis who was fatally shot after calling 911 to report a possible sexual assault.

 

Noor was sentenced to serve 12 1/2 years in prison.

 

Hennepin County Attorney Mike Freeman also charged Noor with second degree murder, but the jury acquitted him on that account. The guidelines recommend 12 1/2 years for unintentional second degree murder, but go up to 25 1/2 for intentional second degree murder.

 

So, it sounds like it is possible to have second-degree murder, third-degree murder and manslaughter charges all up for grabs when it goes to trial in Minnesota.

 

What I'm still unsure of in the Floyd case is, did the AG upgrade the charges to include second-degree murder (along with third degree)...or did he upgrade the charges to replace third degree with second-degree? I agree with MJ on this, there is a risk/reward for doing it either way.

 

It sounded like he upgraded to replace the third degree charge when I was watching the press conference, but he did not make that specifically clear either.