The first one:
(1) causes the death of a human being with premeditation and with intent to effect the death of the person or of another;
I do not see "malice aforethought" in Minnesota statute.
Reckless disregard in not in the First Degree Murder statute, "extreme indifference" is (under 6, 7 and 8).
Minnesota does not have "serious bodily injury" it has:
Subd. 8. Great bodily harm. "Great bodily harm" means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm.
Yet the autopsy Cope cited said "No life-threatening injuries identified".
You claim the killing was intentional and therefore premeditated.
Intent and premeditation are both defined by statute:
(3) "Intentionally" means that the actor either has a purpose to do the thing or cause the result specified or believes that the act performed by the actor, if successful, will cause that result. In addition, except as provided in clause (6), the actor must have knowledge of those facts which are necessary to make the actor's conduct criminal and which are set forth after the word "intentionally."
609.18 DEFINITION.
For the purposes of sections 609.185, 609.19, 609.2661, and 609.2662, "premeditation" means to consider, plan or prepare for, or determine to commit, the act referred to prior to its commission.
You seem to be claiming premeditation necessarily follows intent.
How do you know he was kneeling with full weight?
In watching the video it looks to me as though Chauvin gets off of Floyd as soon as the paramedic signals him to do so (after they bring the stretcher down (@ 7:50 in linked video).
Your overall argument seems circular.
Floyd dead=intent=premeditation=murder
Sources:
https://www.revisor.mn.gov/statutes/cite/609.02/pdf https://www.revisor.mn.gov/statutes/cite/609.18
https://www.revisor.mn.gov/statutes/cite/609.185
https://www.youtube.com/watch?v=NcFo...ctr=1597267474
Last edited by Infidel144; August 12, 2020 at 04:30 PM.
Demeaning the intelligence of BIPOC is merely further evidence of racist white privilege. I know I’m not wrong about who you are. I believe in you. Let the Spirit of Anti Racism flow through. In any case, reparations will be collected whether that makes you uncomfortable or not.
Of these facts there cannot be any shadow of doubt: for instance, that civil society was renovated in every part by Christian institutions; that in the strength of that renewal the human race was lifted up to better things-nay, that it was brought back from death to life, and to so excellent a life that nothing more perfect had been known before, or will come to be known in the ages that have yet to be. - Pope Leo XIII
I appreciate your posting, those are actual points being raised concisely and without douchebaggery.
In the video, Chauvin is uprightly kneeling on Floyd, so that the angle of his torso was parallel to the angle of his lower body proportions. In such a position, he only can have his right knee off of the ground and he held that position almost all the time. Maybe that does not mean 100% body weight on his left knee, but 95% or at least at least 80%.
What i already mentioned and what you didn't address in your response to me was that Floyd needn't to have been restrained by more than one man, if he was held for most of the time by 3 men and during all of that time, it was Chauvin who was kneeling on Floyd's neck, until the ambulance arrived.
Last edited by swabian; August 12, 2020 at 04:44 PM.
I think "systemic racism" is the same as "racism in the system". But what really is "in the system". Well i think this only applies if a states' laws imply measures that openly intend racial discrimination, like the Nuremberg Laws in Germany 1935. Or the South African apartheid laws or the laws in the US immigration acts in the 30's. Unless a state does not by order of law enforce things like "blacks need to stay out", then it is hardly systemic. This is binary in this case. Either it is demanded by law or it isn't.
The number of racists buried in the US institutions does not account for the entire system and is of course not binary: it makes a difference if there are 5% racists, or 10% or 80%. If it is too many, even a declaredly non-racist system (which the US is) will really become racist, whether it is contained in the constitution or not. But i see no real indication that this is the case yet.
Last edited by swabian; August 12, 2020 at 05:50 PM.
Peaceful Protesters peacefully try to provide ventilation and a means of escape for parents boarded up and kept separated from their children in a nightmarish horror facility:
Spoiler Alert, click show to read:
source:
https://chicago.cbslocal.com/2020/08...oters-targets/
Last edited by Infidel144; August 13, 2020 at 06:49 AM.
I was referred to a Ronald McDonald house once when I was younger. Attacking them is absolutely obscene.
Of these facts there cannot be any shadow of doubt: for instance, that civil society was renovated in every part by Christian institutions; that in the strength of that renewal the human race was lifted up to better things-nay, that it was brought back from death to life, and to so excellent a life that nothing more perfect had been known before, or will come to be known in the ages that have yet to be. - Pope Leo XIII
Peaceful Portland Protesters continue to Peacefully Protest weeks after they Peacefully achieved victory against vile federal Sturmabteilung who Violently and Illegally Occupied the Peoples Courthouse.
In the 77th night of Peaceful Protest the Peaceful Protesters celebrate baseball, by Peacefully trying to play catch and have a Picnic with local and state police. Being Gentle and Considerate the Peaceful Protesters refrained from using baseballs, which, being very solid objects, can cause Unintentional Injury. In this game of catch they used much more yielding objects entirely suited to Peaceful Protests, and very unlikely to cause any sort of harm whatsoever, such as tiny fist size pebbles, commercial grade fireworks and explosives, while providing traffic control and sending drink containers and food to undoubtedly thirsty and hungry officers along with decorative materials. In the great baseball tradition Peaceful Protesters even hosted a barbecue!
Unfortunately, the local and state police completely misunderstand the Peaceful Protesters...
Spoiler Alert, click show to read:
Sources:
https://www.oregonlive.com/portland/...e-updates.html
https://www.kptv.com/news/riot-decla...4944ca6d4.html
Last edited by Infidel144; August 13, 2020 at 05:10 PM.
Peaceful Protesters Peacefully escort someone from Peaceful Protest.
Obvious KKK trans woman objects to the Peaceful manner in which Peaceful Protesters do this. Peaceful Protesters receive reparations from the KKK trans woman and Peacefully explain the error of zer ways.
A Black Body that has internalized racism objects to Peaceful ProtestersPeacefully explaining the how things are to the KKK trans woman.
Neo-nazi white supremacist violently comes to the aid KKK trans woman ally.
Neo-nazi white supremacist returns to vehilcle, while Peaceful Protesters Peacfullly try to detain him.
Another obvious KKK woman comes to his defence, trying to deflect from his violent assault on Peacful Protests claiming the Neo-nazi white supremacist didn't do anything. After Peaceful Protesters Peacefully defend themselves from KKK woman, Neo-nazi white supremacist flees from Peaceful Protesters who pursue.
Neo-nazi white supramcist crashes his vehicle, and Peaceful Protesters show their humanitarian concern by Peacfully removing him from his vehicle and Peacefully putting him down to rest.
They are so concerned that with the Neo-nazi white supremacist's well being that the Peaceful Protesters start to check his reactions to being Peacefully touched about the head.
When Peaceful Protesters start to leave, after being assured of the Neo-nazi's well being, the Peaceful Protester who seems to have been taking the lead Peacefully helps the Neo-nazi white supremacist fall asleep.
Links to twitter videos along with some news commentary::
Spoiler Alert, click show to read:
News sources:
https://www.foxnews.com/us/portland-...n-video-report
https://www.independent.co.uk/news/w...-a9674096.html
https://nypost.com/2020/08/17/blm-mo...m-crash-truck/
The stated and the real are determined by mechanisms of enforcement not laws. Sexism, racism, elitism of all types you can imagine exist independent of laws because their before is older than the laws made to address them. By necessity laws almost always come after a problem has been identified because laws are a solution. The law seeks to solve an ill that already exists. Behemoths like racism, sexism and elitism take far more than laws to overcome. Throw in the weight of history and the task is Sisyphean. Still worth trying of course.
Sorry, but while he did take fentanyl, it was not at high enough levels to be initoxicating.
Plus there was no indication Floyd's behaviour he was high, and the cops had no way to know he was on fentanyl. Floyd was in a stopped car, and he was arrested for passing a counterfeit $20, not intoxication.
I have to wonder if Floyd had been white accountant, would they have arrested and him handcuffed? I would hope if I accidently passed counterfeir bill I was given, the cops would give me a chance to explain before handcuffing and putting a knee on my neck. If they did that to me, it would make me a little annoyed.
However, perhaps the cops noticed indications of intoxication, slightly slurring of speech, glassy eyed expression, etc., that is not readily apparent in the video. With Floyd being. big guy, 6'7", and his criminal record, perhaps the cops decided not to take chances. That is why guilt needs to be determined by. jury.
Last edited by Common Soldier; August 18, 2020 at 11:38 PM. Reason: typo
George Floyd did not deserve to die. Though what we're discussing is accountability, not whether his death was just. Based on the evidence we've seen so far, it is likely that Floyd was largely responsible for the events that precipitated his death. He chose to abuse fentanyl, methamphetamine and cannabis; he chose to steal cigarettes by passing a counterfeit bill; he chose to get behind the wheel of his car whilst intoxicated; and he chose to behave erratically and resist arrest when confronted by the police.
None of that means that the officers involved in Floyd's death are innocent, but I find it difficult to imagine, given the circumstances, that their conduct amounts to murder.
Last edited by Cope; September 07, 2020 at 01:12 AM.
We do not know if he passed the counterfeit bill accidently or deliberately. He could have gotten the counferfeit bill from someone else and innocently passed it along. Fentanyl is used as a pain medicine and athlete's often develope aches and pains, especially ex football players, so perhaps he was self medicating. Metamphetamine he was abusing, and the drugs might or.might not have contributed to his dearh, but he would not have died that day without a knee on his neck.
Even if Floyd died.from a heart attack that just happened to happen at the time arrest, the cops would have been guilty of negligence waiting 9 minites before calling for medical help during an heart attack is unacceptable.
Floyd's deafh is all on the cops - Floyd was in obvious distress, and the cops.callously did nothing. The use of the neck hold seemed unnecessary, Floyd waa handcuffed, and did not seem to be strugling. Neck holds have know to be lethal. I don't thinl the cops intended to kill Floyd, but a drunk driver does not intend to kill his victims either.
While.a trial might reveal evidence that would show the copa were not quite as bad as it appears. maybe they could see he was intoxicated and were he might turn suddenly violemt, I don't see avoiding the conclusion they were criminally neglegent
Last edited by Common Soldier; August 19, 2020 at 07:49 AM. Reason: typo
Agree 100%, but I was responding specifically to Heathen's facetious "Or that he was high on fentanyl. If you get behind the wheel while high as a kite you deserve to be dragged out of car and handcuffed." with an equally facetious response. Heathen seemed to be seeking to re-frame the conversation away from Chauvin's accountability.
As you say, none of that suggests Floyd deserved to die. Every time we refocus the conversation to Floyd's habits or behaviour, we risk justifying Chauvin's overreach. That's why I will continue to ask anybody who insinuates that Floyd's drug habits or background put him at fault for his death, whether they think he deserved to die. I agree that it shouldn't be a case of premeditated murder, but everything I've seen suggests that there are definitely grounds for a lesser homicide charge - the results of which will be decided by a jury with greater access to the details of the case, not us.
IN PATROCINIVM SVB MARENOSTRUM