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re: 3rd degree murder and manslaughter

Posted on 5/29/20 at 2:47 pm to
Posted by Indefatigable
Member since Jan 2019
26653 posts
Posted on 5/29/20 at 2:47 pm to
quote:

In Louisiana 3rd degree murder IS manslaughter.


But not in Minnesota, which is the only thing that matters.
Posted by The Boat
Member since Oct 2008
164343 posts
Posted on 5/29/20 at 2:48 pm to
quote:

But not in Minnesota, which is the only thing that matters.

The statute reads exactly like manslaughter. It’s a waste of time having it on the books.
Posted by Indefatigable
Member since Jan 2019
26653 posts
Posted on 5/29/20 at 2:51 pm to
Not in Minnesota, it is not. They are separate crimes with different elements. Manslaughter does not have a universal definition in criminal law. Its state-by state.


Generally speaking---Third degree murder in MN is an unintentional killing that occurs when the defendant performs an inherently dangerous act without regard for life. First degree manslaughter in MN is an intentional killing with mitigating circumstances such as percieved/real provocation, etc. Second degree manslaughter in MN is killing as a result of the defendant's negligent creation of an unreasonable risk to life.

Not sure which type of manslaughter they charged him with. But the three crimes are distinct, and they carry different sentencing guidelines.

This post was edited on 5/29/20 at 3:00 pm
Posted by MrLarson
Member since Oct 2014
34984 posts
Posted on 5/29/20 at 2:53 pm to
3rd degree carries a max 25 yr sentence and the manslaughter charge carries a max 10 years.

So he isn't looking at getting out any time soon and his bail is set at 500k.
Posted by TigerFanatic99
South Bend, Indiana
Member since Jan 2007
27700 posts
Posted on 5/29/20 at 2:57 pm to
quote:

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.


That actually sounds perfect here. I don't believe the cop went into the scenario thinking to himself "man, seems like a great day to go **her hunting". He just had zero regard for that dude's life and treated him that way until he died.
Posted by Buckeye Jeaux
Member since May 2018
17756 posts
Posted on 5/29/20 at 2:57 pm to
quote:

they would never get Murder 1. It would never be on the table. Because it wasn't murder 1.

They worked as bouncers in the same club for at least a year (a report says 5 years - the cop worked there 17 years).

They have to get to the bottom of their prior association before closing the book on pre-meditated murder, IMO.
This post was edited on 5/29/20 at 2:59 pm
Posted by ljhog
Lake Jackson, Tx.
Member since Apr 2009
19089 posts
Posted on 5/29/20 at 4:27 pm to
quote:

cause of death that wouldn’t be exacerbated by kneeling on someone’s neck

Liver or kidney failure.
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