Third Degree Murder Defined

[fmdog44]

The officer is charged with third degree murder and manslaughter. What is third degree murder?
Third degree murder is a legal concept that helps distinguish crimes involving the death of a victim by the intent or circumstances of the suspect. Depending on the court, this charge may be synonymous with second degree murder or with the charge of manslaughter. In regions that have third degree laws, the definition typically includes murder that occurred while the perpetrator had the intention of harming, though not killing, the victim, or when the perpetrator was intentionally acting with willful disregard for the victim's life. Many courts determine sentencing guidelines for crimes based on the severity of the damage caused and the intent of the perpetrator. By dividing a crime by degrees of severity, a court can narrow sentencing guidelines for judges and juries. First degree crimes are typically those that result in the stiffest punishments if proved; in some countries with the death penalty, first degree murder can result in execution.

 

[911]

I wouldn't get too hung up on this charge. Charges can always be updated; meaning that there could be added charges still pending and the current charge could also be upgraded, like all Prosecutors, they won't take a case to trial that they know they won't win. I have seen where Prosecutors have charged a defendant with one charge, but then allow the jury to consider other degrees of the same charge. Maybe @Butterfly could define better.

I would also like to believe that once the DOJ has completed their investigation, they will be filing Federal charges since Mr. Floyd's constitutional and civil rights were violated. The DOJ could also file an upgraded murder charge, but proving first degree is going to be difficult. The idea here is to make sure that once he is incarcerated, he stays that way for the remainder of his life. The problem for the prison where he will be sent is that he will have to be put into a protective environment to insulate him from the remaining prison population so that he isn't killed. I know that some wouldn't mind that happening, but then the DOC would be sued and Minneapolis already is going to have a huge bill to pay with all the Floyd suit, plus property damages and police cars and police station and overtime and other related expenses that keep piling on. Again, these rioters don't understand that they are also harming themselves because these businesses probably won't be returning to that neighborhood, but what the hell, who cares anyway? Right?

It's going to be interesting to watch and learn if the companies that had their buildings burned down will be able to recover their losses from their insurance company. I remember a couple of store owners telling me years ago (maybe 20) that his insurance company notified him that they will no longer be covering damages that were caused by civil unrest. This means that the costs will fall on the backs of the innocent taxpayers of Minneapolis because if Minneapolis is similar to most cities its same size, they do not carry hundreds of millions of dollars in insurance.