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Pies4shaw
pies4shaw
Joined: 08 Oct 2007
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stui magpie
Prepare for the worst, hope for the best.
Joined: 03 May 2005 Location: In flagrante delicto
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OK, that article is from 2015. The first was from 2011 and at that time he'd never been charged.
That's a pretty fkn disturbed 13 year old. _________________ Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down. |
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Pies4shaw
pies4shaw
Joined: 08 Oct 2007
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Yes - the link I gave was to the damages reported in the civil case, since that was what was being discussed. I just provided the other information as context from what I knew. As you'd expect, the details of a $150 billion damages claim tend to stick in a lawyer's mind.
Anyway, here's the Houston Chroncile's report. It provides a lot more detail and the procedural history (including that "The jury sentenced Collins to 40 years in prison, the maximum agreed to by prosecutors in order to have him stand trial as an adult") but I do proffer a "distressing details" warning.
https://www.houstonchronicle.com/neighborhood/woodlands/news/article/Burned-boy-case-leaves-scars-on-victim-s-family-6081966.php#photo-7503336 |
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Pies4shaw
pies4shaw
Joined: 08 Oct 2007
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Verdict just in - Chauvin guilty of all charges. |
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stui magpie
Prepare for the worst, hope for the best.
Joined: 03 May 2005 Location: In flagrante delicto
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On one hand I'm surprised at the guilty verdict for the 2nd degree murder charge, I didn't think they could prove that.
On the other hand, I wouldn't have been surprised if he had been found guilty of trespass on Jupiter. _________________ Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down. |
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Tannin
Can't remember
Joined: 06 Aug 2006 Location: Huon Valley Tasmania
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With 6 whites on an American jury, it's a bloody miracle result. They don't have majority verdicts, remember - it only takes one holdout prepared to ignore the facts. _________________ �Let's eat Grandma.� Commas save lives! |
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David
I dare you to try
Joined: 27 Jul 2003 Location: Andromeda
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Tannin wrote: | With 6 whites on an American jury, it's a bloody miracle result. They don't have majority verdicts, remember - it only takes one holdout prepared to ignore the facts. |
Perhaps, but I had a feeling Chauvin was always going to get the book thrown at him. He is, in a way, serving as a scapegoat for a lot of past police violence and failings of the US justice system – not in the sense that he himself isn't guilty of an egregious act of violence, but that there's no way that the murder he committed is being treated as an isolated act. Many will even think that's appropriate and celebrate whatever sentence he gets (which, knowing the normal operations of the US criminal justice system, will almost certainly be manifestly excessive), but the trouble with treating this case as an outlier is that it doesn't necessarily offer a deterrent or any indication that future acts of lethal police violence will be prosecuted fairly (if at all). It just seems like a lottery. _________________ All watched over by machines of loving grace |
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watt price tully
Joined: 15 May 2007
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Hopefully a step in the right direction. It wasn’t guilty beyond reasonable doubt, it was guilty without any doubt.
However, policing in the US needs to be overhauled and replaced by a uniform system across the states although that’s highly unlikely. _________________ “I even went as far as becoming a Southern Baptist until I realised they didn’t keep ‘em under long enough” Kinky Friedman |
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stui magpie
Prepare for the worst, hope for the best.
Joined: 03 May 2005 Location: In flagrante delicto
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David wrote: | Tannin wrote: | With 6 whites on an American jury, it's a bloody miracle result. They don't have majority verdicts, remember - it only takes one holdout prepared to ignore the facts. |
Perhaps, but I had a feeling Chauvin was always going to get the book thrown at him. He is, in a way, serving as a scapegoat for a lot of past police violence and failings of the US justice system – not in the sense that he himself isn't guilty of an egregious act of violence, but that there's no way that the murder he committed is being treated as an isolated act. Many will even think that's appropriate and celebrate whatever sentence he gets (which, knowing the normal operations of the US criminal justice system, will almost certainly be manifestly excessive), but the trouble with treating this case as an outlier is that it doesn't necessarily offer a deterrent or any indication that future acts of lethal police violence will be prosecuted fairly (if at all). It just seems like a lottery. |
I read a good article today, there was no way in hell he was being acquitted which unfortunately will provide valid grounds for appeal. _________________ Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down. |
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ronrat
Joined: 22 May 2006 Location: Thailand
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The Defence closing arguments went on longer than the 1990 premiership celebrations and with a lot less purpose. I fell asleep after an hour. It was painful. If I was on a jury I would have found guilty just to get out of the place. The jurors have probably all signed book deals. It is why Julian Assange will never get a fair trial in the USA. I think manslaughter was probably more appropriate. Bu there will be an appeal , especially if the judge gives him 40 years _________________ Annoying opposition supporters since 1967. |
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Tannin
Can't remember
Joined: 06 Aug 2006 Location: Huon Valley Tasmania
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David, I agree entirely.
ronrat wrote: | I think manslaughter was probably more appropriate. |
Under Australian law, sure. But this is US law (or one of the many variants of it they have in different states) where the terms for the same acts are different.
He has been found guilty of Murder 2, which is America-speak for "unintentional death inflicted during the commission of a felony". That is exactly right. It was an illegal assault (force far beyond that necessary to effect an arrest) and the man died as a result of it. Murder 2 all day long. No other way to spin it. _________________ �Let's eat Grandma.� Commas save lives! |
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Pies4shaw
pies4shaw
Joined: 08 Oct 2007
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https://www.theguardian.com/us-news/2021/apr/21/minneapolis-policing-practices-justice-department-investigation
Quote: | The US justice department announced on Wednesday that it is launching a sweeping investigation into policing practices in Minneapolis, less than a day after a white former officer was convicted of murdering George Floyd, a 46-year-old Black man, there.
The investigation will examine the use of force by police officers, including force used during protests, and whether Minneapolis police engage in discriminatory practices, the US attorney general, Merrick Garland, said in Washington DC on Wednesday morning. |
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stui magpie
Prepare for the worst, hope for the best.
Joined: 03 May 2005 Location: In flagrante delicto
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Tannin wrote: | David, I agree entirely.
ronrat wrote: | I think manslaughter was probably more appropriate. |
Under Australian law, sure. But this is US law (or one of the many variants of it they have in different states) where the terms for the same acts are different.
He has been found guilty of Murder 2, which is America-speak for "unintentional death inflicted during the commission of a felony". That is exactly right. It was an illegal assault (force far beyond that necessary to effect an arrest) and the man died as a result of it. Murder 2 all day long. No other way to spin it. |
Disagree.
Quote: | The second-degree unintentional murder charge alleged Chauvin caused Floyd's death "without intent" while committing or attempting to commit felony third-degree assault. In turn, third-degree assault is defined as the intentional infliction of substantial bodily harm. |
https://edition.cnn.com/2021/04/19/us/derek-chauvin-charges-explain/index.html
There's an onus there that he knew he was committing felony 3rd degree assault. There's no way that charge should have got up, that was the hail mary charge.
The other 2 charges, 3rd degree murder and 2nd degree manslaughter are no brainers really. Guilty. But the only reason he was found guilty of the first charge was external pressure. Politicians should be smarter than commenting on criminal cases before they're finished. _________________ Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down. |
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Tannin
Can't remember
Joined: 06 Aug 2006 Location: Huon Valley Tasmania
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Yer right. He knew that the victim had stopped breathing. He knew that the victim had no pulse - one of the other officers took the victim's pulse and said "I can't find it" to him. And he continued with the physical assault regardless. Death is a "substantial bodily harm" in *every* jurisdiction. _________________ �Let's eat Grandma.� Commas save lives! |
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stui magpie
Prepare for the worst, hope for the best.
Joined: 03 May 2005 Location: In flagrante delicto
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"intentional infliction" is the key term here, it goes to intent. _________________ Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down. |
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