Officer's Charges Upgraded to 2nd Degree Murder

First degree murder is premeditated. From what I've seen, that doesn't apply here AND would most likely result in acquittal.

Also...a friend was saying Chauvin should get death penalty. I also disagree with that because it takes so long. Scott Peterson is still in prison 18 yrs after getting death penalty for killing his pregnant wife.
 
applecruncher said:
First degree murder is premeditated. From what I've seen, that doesn't apply here AND would most likely result in acquittal.

Also...a friend was saying Chauvin should get death penalty. I also disagree with that because it takes so long. Scott Peterson is still in prison 18 yrs after getting death penalty for killing his pregnant wife.
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That's true, but at least a death-penalty makes it very unlikely a murderer will be paroled. I really don't care what Chauvin's sentence is; as long as he's never released.
 

A second degree murder conviction might be hard. I just googled what it means, and it says they must prove that the murderer intended to kill the victim. Of course, Chauvin's lawyer will have him swear that he never intended to kill him, he was just trying to subdue him. Might be a mistake to "upgrade" the charge.
 
Sunny said:
A second degree murder conviction might be hard. I just googled what it means, and it says they must prove that the murderer intended to kill the victim. Of course, Chauvin's lawyer will have him swear that he never intended to kill him, he was just trying to subdue him. Might be a mistake to "upgrade" the charge.
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well I think they could prove they intended to commit him serious harm if not murder, what other reason could they have had for pulling him back out of the police van fully handcuffed, then beating him.. ? Just my opinion
 
applecruncher said:
First degree murder is premeditated. From what I've seen, that doesn't apply here AND would most likely result in acquittal.

Also...a friend was saying Chauvin should get death penalty. I also disagree with that because it takes so long. Scott Peterson is still in prison 18 yrs after getting death penalty for killing his pregnant wife.
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Minnesota hasn't had the death penalty since 1911.
 
Sunny said:
A second degree murder conviction might be hard. I just googled what it means, and it says they must prove that the murderer intended to kill the victim. Of course, Chauvin's lawyer will have him swear that he never intended to kill him, he was just trying to subdue him. Might be a mistake to "upgrade" the charge.
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Yeah, overcharging can often go very wrong if the prosecution can't prove all of the elements of the overcharged crime are present. I mean if the law says that for first degree murder you must prove and the jury must find that this, this, this and that are true, then if you can't prove that one of the "thises" was there, the jury will acquit. Even if they would convict without one of the elements being proven, the case might well be thrown out on appeal somewhere down the road.
 
Butterfly said:
Minnesota hasn't had the death penalty since 1911.
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tbh I think he's probably sorry it hasn't...because if it had he would be safe from the prison population... now whatever sentence he gets in prison whether it be weeks or years..he'll be wishing he'd got the death penalty I'm sure... his life is going to be a sorry one..

Here at home we were discussing this whole thing as we all have as a country in the UK... all different opinions of course, but we were thinking we wouldn't be at all surprised if he was 'helped' to commit suicide (Epstein style) so he doesn't cost the state millions to prosecute, and also to prevent him being killed by other inmates
 
Butterfly said:
Yeah, overcharging can often go very wrong if the prosecution can't prove all of the elements of the overcharged crime are present. I mean if the law says that for first degree murder you must prove and the jury must find that this, this, this and that are true, then if you can't prove that one of the "thises" was there, the jury will acquit. Even if they would convict without one of the elements being proven, the case might well be thrown out on appeal somewhere down the road.
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the thing is also...just for talking sake and the worst happened and he was found not guilty and freed.. where would he go?.. there is no place for this man to hide. There's hardly a person in the western world.. who doesn't know this murderers' ugly face full of hate
 
I've been hearing that the charge will be felony murder. No law officer has ever faced such a charge. This means that they will attempt to show that before George Floyd died, Officer Chauvin was committing a felony i.e. assault. Sounds rather tricky to me. A jury might not go for it.
 
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