In both of the current situations which are causing people to steal, burn, riot and intimidate, the police officers involved have been charged.
The next time I try a case will be the first time I try a case just as the next time I ask for an indictment will be the first time I ask. But I know enough to know that out of fear of the mob, both officers involved have been overcharged.
The guy in Atlanta was charged with felony murder. Felony. If the judge and jury follow the law (and not blind hysteria) in order to make that charge stick, they've got to prove one of three conditions:
a) prior intent (Nope, doesn't apply)
b) depraved disregard for human life (this really only applies to things like randomly shooting into a crowd and I think it's a real stretch to force it here)
c) murder occurred during the commision of a felony (nope)
They would have been better off charging him with manslaughter, which (while I disagree with it) a case could be made.
Any legitimate jury will have no choice but to acquit him of the charge they placed against him.
Same thing applies in Minnesota.
They originally charged Chauvin with third degree murder and manslaughter. The definition in Minnesota says that third degree can be charged when the act that caused the death wasn't specifically intended to do so.
That would have worked. It fits.
But cowering in fear from the mob the charges were upgraded to second degree. Second degree carries the qualification of intent. In order to be convicted of second degree they'll have to prove that Chauvin INTENDED to purposely kill the guy.
Again, if the jury is objective instead of hysterical, there's no way -- even with the video -- they can prove that he set out to purposely kill that guy. Not even close.
Overcharging them both increases the very real possibility that they will both be acquitted. I've seen both videos. I'd be willing to consider a manslaughter charge against the guy in Atlanta or a third degree charge against Chauvin. But neither action meets the standard of the crime with which they've been charged. That's NOT justice. That's revenge.
You think things are bad now? Wait until one or both of those guys walks because of overzealous, riot-fueled prosecutorial misconduct.
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