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Started By
Message
re: BREAKING: Officer Derek Chauvin is in custody
Posted on 5/29/20 at 1:59 pm to Mickey Goldmill
Posted on 5/29/20 at 1:59 pm to Mickey Goldmill
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.
This post was edited on 5/29/20 at 2:02 pm
Posted on 5/29/20 at 1:59 pm to Indefatigable
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 on 5/29/20 at 2:01 pm to Mickey Goldmill
quote:
You are using "wilful disregard" in place out "without regard." There is a difference.
Yep. I cleaned that up in my reply.
Posted on 5/29/20 at 2:02 pm to Indefatigable
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 on 5/29/20 at 2:02 pm to the808bass
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 on 5/29/20 at 2:05 pm to OMLandshark
quote:
Now arrest the other 3 little pigs with him too.
Posted on 5/29/20 at 2:05 pm to Crimsonians
quote:Isn't it the job of a cop to arrest people they see allegedly committing a crime?
Can't arrest guy for standing there.
Posted on 5/29/20 at 2:06 pm to ThePTExperience1969
quote: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.
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
Posted on 5/29/20 at 2:10 pm to Roaad
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 on 5/29/20 at 2:15 pm to tigerinDC09
guess who isn't in custody.....
Posted on 5/29/20 at 2:16 pm to Tiger Prawn
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 on 5/29/20 at 2:17 pm to ThePTExperience1969
quote:
people get convicted for murder 1 on less blatant evidence
No one would be convicted for Murder 1 for what happened.
Posted on 5/29/20 at 2:18 pm to shel311
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 on 5/29/20 at 2:28 pm to Indefatigable
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 on 5/29/20 at 2:41 pm to Bayou_Tiger_225
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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