1. In Minnesota, first-degree
murder requires prosecutors to prove that a killer acted with premeditation and
with the 'intent to effect the death' of another person. Premeditation means
'to consider, plan or prepare for, or determine to commit, the act' of murder.
Minnesota does not have the death penalty. The harshest punishment for those
convicted of first-degree murder is life imprisonment.
2. Second-degree murder in
Minnesota requires prosecutors to prove intent, but not premeditation. It is
punishable by up to 40 years in prison.
3. Third-degree murder requires
neither premeditation nor intent. It requires prosecutors to prove that a
defendant 'causes the death of another by perpetrating an act eminently
dangerous to others and evincing a depraved mind, without regard for human
life.' It is punishable by up to 25 years in prison.
4. How can the DA prove
intention for the purposes of establishing second-degree murder? Intention can
be direct or constructive. From the widely circulated video of the unfortunate
incident, Floyd is seen pleading several times, 'please please please I can't
breathe!' Officer Derek Chauvin ought to have exercised caution at that point.
Instead he kept his knee on Floyd's neck for close to 9 minutes! He maintained
his position even after the medics arrived and it was discovered Floyd had no
pulse. One can reasonably infer from Officer Chauvin's conduct that he had the
intention to kill. Therefore charging Officer Chauvin with third-degree murder
is complete laziness (if not more) on the part of the DA. Officer Chauvin might
not suffer the maximum punishment for his crime.
5. Another interesting argument
worth considering has been made for the charge of first-degree murder. My
friend, Dede Djaba, argues: 'A good and willing prosecutor may be able to get a
first-degree murder conviction in this case... Premeditation which requires
planning and preparation does not have a time limit. It can be 5 minutes, or
one hour. The murdering officer had 9 minutes to plan, 9 minutes to execute his
plan... The officer had the intent to effect the death of Floyd. He heard
Floyd's cries begging that he couldn't breathe. He heard the onlookers begging
that he removes his knees from Floyd's neck. A Prosecutor can establish
[premeditation] and intent!' Dede's argument is indeed compelling.
6. A newly surfaced video of the
unfortunate incident appears to show not one (Officer Chauvin), but three other
officers kneeling on George Floyd in the moments leading up to his death. If
this video is anything to go by, the DA ought to charge the 3 other officers
with abetment to murder.
7. George Floyd deserves
justice. Racial profiling and brutish policing methods in the US must end.
