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The Trial of Derek Chauvin

Darts

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Jan 15, 2017
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The D.A. will announce his decision on the other 3 officers later to-day. He has already previously announced he will charge as high as the law allows.
 

mandrill

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Aug 23, 2001
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The D.A. will announce his decision on the other 3 officers later to-day. He has already previously announced he will charge as high as the law allows.

There seem to be federal civil rights charges that can apply as well. IDK if the feds have to wait until the state crimes have fully proceeded to trial?
 

kherg007

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May 3, 2014
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There seem to be federal civil rights charges that can apply as well. IDK if the feds have to wait until the state crimes have fully proceeded to trial?
True, feds in USA usually wait to see how the locals handle it first before moving in or pressing charges.
 

Darts

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True, feds in USA usually wait to see how the locals handle it first before moving in or pressing charges.
It's actually a form of double jeopardy. Heard it also happens in the military. If the accused is freed in military court, then they can charge him/her in civilian court.
 

kherg007

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It's actually a form of double jeopardy. Heard it also happens in the military. If the accused is freed in military court, then they can charge him/her in civilian court.
It can be but usually not because the feds won't file the same charges. Thus if locals file murder, feds file civil rights violations. But if locals fail to file murder, feds can then file both, etc. But you're right even distinct charges for same crime, although not legally double jeopardy, are in effect a DJ situation.
 

mandrill

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It can be but usually not because the feds won't file the same charges. Thus if locals file murder, feds file civil rights violations. But if locals fail to file murder, feds can then file both, etc. But you're right even distinct charges for same crime, although not legally double jeopardy, are in effect a DJ situation.

I don't think the feds can charge murder because crime inside the state boundaries is state jurisdiction. The feds have to charge breaches of the Constitution or interstate crime like "transporting a minor across state lines to engage in federal interstate mail fraud in breach of the US taxation statute" weirdness.
 

derrick76

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Not speaking from experience but I would think a nice comfy county jail is much safer than a prison with hundred (maybe thousands?) of hardcore criminals. (Not suggesting you have personal experience in county jails or prisons either.)
With hundreds of OTHER hardcore criminals you MUST have meant to say.
 

kherg007

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Charge increased to 2nd degree murder. Thank goodness Ellison is on this. Freeman was fixing to tank this case.
And now the other 3 cops are about to be charged w aiding and abetting the 2nd degree murder according to the minneapolis newspaper.
 

kherg007

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I don't think the feds can charge murder because crime inside the state boundaries is state jurisdiction. The feds have to charge breaches of the Constitution or interstate crime like "transporting a minor across state lines to engage in federal interstate mail fraud in breach of the US taxation statute" weirdness.
Depends which federal statute or whether the crime crossed state lines but you're right usually there is not a federal statute on plain old murder unless you kill a federal employee (agent, postal worker, etc.), elected/appointed official, killing to influence a court case, murder for hire, murders associated w drug related or bank robbery, exploitation of children, or on a boat etc.
 

mandrill

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Ok thanks.

BTW charges upped to Murder in the Second - which is pretty reachy IMHO - and the 3 other officers have now been charged.

We'll hopefully figure out if the A-G knows something we don't about Chauvin and Floyd.
 

Valcazar

Just a bundle of fucking sunshine
Mar 27, 2014
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2nd degree means he intended to kill him?
No.

1st means intended and premeditated (he showed up already planning to kill him.)
2nd is weird because there is intentional and unintentional. I think he got charged with unintentional which means he was either committing another felony and murdered Floyd or he used lethal force while Floyd was under and order of protection. I'm not really sure how either of those apply here.
 

mandrill

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No.

1st means intended and premeditated (he showed up already planning to kill him.)
2nd is weird because there is intentional and unintentional. I think he got charged with unintentional which means he was either committing another felony and murdered Floyd or he used lethal force while Floyd was under and order of protection. I'm not really sure how either of those apply here.

Probably "felony murder" - if you unintentionally kill someone while committing another serious felony - i.e. rape, kidnapping - it's considered murder (not manslaughter) despite the lack of specific intent to murder.
 

Smash

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This scumbag coward will off himself within 6 months
 

WyattEarp

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I always thought Federal Hate Crime statutes were designed to deal with situations where a local community can't, for whatever reason, come together and convict a peer. Justice in the rural South comes to mind.

When you peel it back, it is double jeopardy. However, it's completely necessary for the Feds to come in when there are racial issues whether explicit or under the surface.
 
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