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The Velveteen Ocelot

(115,674 posts)

17. One other thing: By charging Chauvin with second-degree murder,

Reply to barbtries (Original post)

Wed Jun 3, 2020, 08:26 PM

Jun 2020

they can charge the other three with aiding and abetting, which carries the same penalty as the main crime. Second-degree murder includes: Killing a human intentionally, but without premeditation, and importantly, causing someone’s death without intending the death of anyone, while committing a felony. The felony Chauvin was committing was assault (kneeling on Floyd's neck after he was unconscious and couldn't be accused of resisting arrest). So the prosecutor won't even have to prove intent to kill, plus they can charge the other three for aiding and abetting the assault.

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Ellison News Conference [View all] barbtries Jun 2020 OP

If they find evidence of pre-meditation, Ellison has already said he'd consider doing so. hlthe2b Jun 2020 #1

in this conference he seems confident that this is the correct charge. barbtries Jun 2020 #4

When asked earlier in the day. But of course he thinks this is the correct charge (murder2) now. hlthe2b Jun 2020 #6

okay. barbtries Jun 2020 #9

They are a long way away from trial. Charges can easily be upgraded before then. hlthe2b Jun 2020 #11

The death penalty is not a crime/charge; it is a punishment. Ms. Toad Jun 2020 #23

yes, i know that. barbtries Jun 2020 #24

I think the premeditation can come in the form of reasonable people making clear of the consequence LizBeth Jun 2020 #7

No. That would still fall under second degree--- an overt action that got out of control hlthe2b Jun 2020 #10

Have they arrested the other three guys? nt leftieNanner Jun 2020 #2

Yes they are all in custody SoCalNative Jun 2020 #3

thank you barbtries Jun 2020 #5

First-degree murder has to be charged by grand jury indictment. The Velveteen Ocelot Jun 2020 #8

thank you! barbtries Jun 2020 #12

Why is it first degree murder in your mind? Goodheart Jun 2020 #13

My understanding of 1st degree murder barbtries Jun 2020 #15

Premeditation is not the standard in all states. Ms. Toad Jun 2020 #22

Not a lawyer either, but a law podcast I listen to broke down the specific statutes RockRaven Jun 2020 #14

it's not the arbitrary nature of the elements of the crime barbtries Jun 2020 #16

One other thing: By charging Chauvin with second-degree murder, The Velveteen Ocelot Jun 2020 #17

Ellison is being careful. Remember what happened when George Zimmerman was charged with Murder One? scarletwoman Jun 2020 #18

And the cops in the Rodney King case. Goodheart Jun 2020 #19

that had nothing to do with overcharging barbtries Jun 2020 #21

i thought of Casey Anthony, barbtries Jun 2020 #20

There is a lot of nuance judeling Jun 2020 #25