Sivad wrote:Should that cop even be charged with murder? It seems more like negligent homicide or depraved indifference manslaughter rather than murder because he wasn't trying to kill the guy. A life sentence might be justified though when a cop kills a suspect in custody with excessive force even if it is nonlethal force.
This is an open-and-shut manslaughter case. Another area where things go wrong in these sorts of cases, is that people get so pissed off that they don't follow the law and instead look for the maximum penalty. That makes the case much more difficult to prove. You can pretty much have a slam dunk conviction on manslaughter and put this officer away for 7-10 years.
Pants-of-dog wrote:What makes you think he was not trying to kill Mr. Floyd?
It's easier to kill someone with a gun.
Saeko wrote:Irrelevant. If you intend to hurt someone and that person dies as a result, US law sees it as murder, even if you didn't intend to kill them.
Police cases are different in that the police generally use force to effect arrests. So they will have to charge him with excessive use of force to address that part of the law that exempts law enforcement, but not civilians. It's a similar issue with medical doctors. For example, giving someone a shot with a hypodermic needle or conducting a surgery can be construed to be a criminal stabbing unless performed by someone licensed.
Unthinking Majority wrote:Why did they edit the footage to cut right before they were trying to put him in the back of the police cruiser and he started acting up?
Who edited the footage? If it's the media, it was probably to incite riot. I'm guessing the victim resisted arrest, which is a frequent reason that excessive force gets used.
Unthinking Majority wrote:He didn't intentionally try to kill him. But the cop is ridiculously stupid and negligent for what he did, as are the other officers, especially not checking him after he went unresponsive.
Reckless conduct does constitute intent. So even if he says, "I didn't mean to do it," his conduct still resulted in a death. So there is a firm foundation to sustain a manslaughter charge.
Sivad wrote:No, that would be voluntary manslaughter according to Minnesota law:
Right.
Saeko wrote:609.195 MURDER IN THE THIRD DEGREE.
(a) Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years.
I understand the sentiment here entirely. However, you then have to prove "evincing a depraved mind," and the police can point to training they've received as an affirmative defense, which they can't do in a manslaughter charge. This is the problem with overcharging when you have someone dead to rights.
Julian658 wrote:The cop in question must be retarded. Why would anyone do this knowing the history of riots and black men dying of asphyxiation? Why would a person throw away his career, pension, and risk prison? He has to be totally nuts. How about his fellow cops? One of them was a black dude.
As I said, this mostly happens in Democrat-controlled venues.
Amy Klobuchar didn't prosecute officer at center of George Floyd's deathThis fucks things up for Biden, because I think he was going to pick Klobuchar, and now he can't. It also forces Biden's hand now to pick a black woman as his VP.
Before she became a senator and a top contender for former Vice President Joe Biden's vice presidential spot, Klobuchar spent eight years as the Hennepin County attorney, in charge of prosecution for Minneapolis. And while in that position, Klobuchar declined to prosecute multiple police officers cited for excessive force, and did not prosecute the officer who kneeled on Floyd's neck as he protested, The Guardian reports.
And you'll notice that Maxine Waters blames this on Trump with virtually nothing to support her assertion. Yet, we have a previous complaint against the officer and yet another Democrat letting it slide.
Black men in America have to legitimately think overtime about their safety when it comes to police encounters.
Yes they do. However, the black community has to start taking the problem of resisting arrest seriously. Too much of black culture is NWA-style "Fuck tha police!", and it leads to felony arrests.
Pants-of-dog wrote:Race is not a biological thing, and is instead a social construct like culture is.
Skin color is a biological thing. There is such a thing as a refractive index.
Unthinking Majority wrote:On the other hand, we also have to empathize with what the police deal with every day. They are more scared when they pull over a young black man than an old white lady.
Sure, but that in no way excuses what happened in this case. They had someone in cuffs. If someone dies when you have them in cuffs, you've got some explaining to do.
Julian658 wrote: They also suffer from racial PTSD and once they are confronted by police they tend to resist. Once the PTSD kicks in and the amygdala fires up it is very hard to remain calm.
That is the tragic reality.
Julian658 wrote:However, cops are incredibly brutal in America and the number of killings is astronomically high. They will even shoot moribund people on the ground if the move their hands.
A lot of them are ex-military. They also have PTSD.
Donna wrote:The US does not have a crisis of poor young black men involved in crime. This is nothing more than an attempt to criminalize young black men and elevate the interests of white America above everyone else's, which is basically the same as arguing that protecting property is more important than the issues facing the black community.
Oh it most certainly does. When you take the murder stats, you get a disproportionately higher rate among blacks than among whites. When you control for gender and age, you're looking at black men between 14-40 who commit a statistically significant disproportionate number of violent crimes. It's simply ridiculous to pretend it's not an issue.
Unthinking Majority wrote:One of the key reasons is poverty, which has largely been brought about by generational racism throughout history.
All of the industrial jobs were shipped offshore.
Unthinking Majority wrote:Bodycams are wonderful.
They are. Obama +1 for that one.
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