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re: BREAKING: Officer Derek Chauvin is in custody

Posted on 5/29/20 at 1:59 pm to
Posted by Indefatigable
Member since Jan 2019
35682 posts
Posted on 5/29/20 at 1:59 pm to
quote:

We may just disagree here but I think a determination on what is "without regard for human life" can be made without any consideration of the defendant's state of mind.


Maybe so. In my reading of the statute, there must be (1) an eminently dangerous act and (2) facts that evince/evidence/show the presence of a depraved mind, or a state of mind without regard for human life.

I interpret that to mean that the defendant's state of mind, in order to be found to be "depraved", would have to first be established. In other words, the defendant would have to know that his action is a threat to life in order to have a state of mind that disregards that threat.

But I'm also bored at work and could just be over-reading the language. After all, we are just mincing words here, I just don't want the guy to walk. I am confident that we stand in the same corner on whether Chauvin is guilty.
This post was edited on 5/29/20 at 2:02 pm
Posted by the808bass
The Lou
Member since Oct 2012
125210 posts
Posted on 5/29/20 at 1:59 pm to
quote:

In order for me to do something inherently dangerous and willfully disregard life, I have to know that my behavior is eminently dangerous. Not to the standard of a reasonable person, but whether I specifically in that moment knew it was dangerous and disregarded that danger.


I’m going to bet that Chauvin’s length of service for MPD is going to hurt him. He almost certainly went through use of force training based on the positional asphyxia of a subject by MPD in 2013. There may even be training he underwent in his HR file from that incident.
Posted by Indefatigable
Member since Jan 2019
35682 posts
Posted on 5/29/20 at 2:01 pm to
quote:

You are using "wilful disregard" in place out "without regard." There is a difference.


Yep. I cleaned that up in my reply.
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
26355 posts
Posted on 5/29/20 at 2:02 pm to
quote:

But I'm also bored at work and could just be over-reading the language. After all, we are just mincing words here. I am confident that we stand in the same corner on whether Chauvin is guilty.


Agreed
Posted by CheEngineer
Louisiana
Member since Aug 2019
4234 posts
Posted on 5/29/20 at 2:02 pm to
They better hope that was not a paper copy that got roasted last night.
This post was edited on 5/29/20 at 2:03 pm
Posted by Roaad
White Privilege Broker
Member since Aug 2006
81812 posts
Posted on 5/29/20 at 2:05 pm to
quote:

Now arrest the other 3 little pigs with him too.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112623 posts
Posted on 5/29/20 at 2:05 pm to
quote:

Can't arrest guy for standing there.

Isn't it the job of a cop to arrest people they see allegedly committing a crime?
Posted by Tiger Prawn
Member since Dec 2016
25086 posts
Posted on 5/29/20 at 2:06 pm to
quote:

3rd degree’s too easy I mean I get it, probably easier to prove beyond a reasonable doubt to a jury than murder 1 or 2
For murder 1, it would have to have been premeditated. For murder 2, not premeditated but with intent to kill. I thought it would be a manslaughter charge, but murder 3 fits.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 5/29/20 at 2:10 pm to
quote:

Have a glass of go frick yourself


Dude

The guy you responded to has 6 fricking total posts coming at us with stupidity like that

That's a troll one can see from a mile away
Posted by Strannix
C.S.A.
Member since Dec 2012
52816 posts
Posted on 5/29/20 at 2:15 pm to
guess who isn't in custody.....




Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 5/29/20 at 2:16 pm to
A guy minimally resists then complies, is unarmed, thoroughly subdued, and gets his neck compressed for 7 whole minutes and cries he can’t breathe many times and that’s not either premeditated or intent to kill? I mean I already conceded the point, murder 3’s easier to prove to a jury and I’m not a criminal law expert, I just think he’s getting a deal here when people get convicted for murder 1 on less blatant evidence, some even get exonerated after sentencing through the Innocence Project.
Posted by the808bass
The Lou
Member since Oct 2012
125210 posts
Posted on 5/29/20 at 2:17 pm to
quote:

people get convicted for murder 1 on less blatant evidence


No one would be convicted for Murder 1 for what happened.
Posted by Indefatigable
Member since Jan 2019
35682 posts
Posted on 5/29/20 at 2:18 pm to
quote:

Isn't it the job of a cop to arrest people they see allegedly committing a crime?


Not doing your job is not a crime though.
Posted by the808bass
The Lou
Member since Oct 2012
125210 posts
Posted on 5/29/20 at 2:28 pm to
It’s ironic that you have people arguing the police should be arrested for not stopping every crime when the entire city was on fire last night.
Posted by wackatimesthree
Member since Oct 2019
10372 posts
Posted on 5/29/20 at 2:41 pm to
quote:

if a cop stood there and watched your love one get killed, and kept anyone else from intervening, is it wrong?


Sure. The question is whether it's illegal. I don't think it is.
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