Monday 1 June 2020

Charging Officer Derek Chauvin with third-degree murder is laziness if not more



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.


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