- Jun 15, 2010
- Reaction score
- Western Lands
The law, and what you bold requires that he does for second degree.I’m not claiming that Floyd had a restraining order nor am I claiming that he needed to have one against the cop for the charge to apply. 2nd degree murder clearly can be applied to more cases than just victims of drive by shootings and those who have restraining orders against their offenders. The judge laid it out pretty clearly. If the Cop is believed to have intended to hurt Floyd outside what he was permitted to do within his job then that is assault and if that assault contributed to Floyd’s death then he is guilty of 2nd degree murder.I did...the officer to my knowledge wasn't subject to a protective or restraining order against George. Do you have something to show us differently?Yes keep reading dude... This has been pointed out. Go to section 2 part 2Minn State for 2nd Degree, is their felony murder law. I provided the link.I am not sure where you quote suggest that Felony Murder is only about charging co-conspiritors...it's not.
Then you ignored the example
Initially it was strictly applied, encompassing any death that occurred during the course of a felony, regardless of who caused it. Therefore, if a police officer attempting to stop a Robbery accidentally shot and killed an innocent passerby, the robber could be charged with murder.Yep...co-conspiritors to the robbery could be charged with the felony murder as well.
I again fail to see how your quote proves your point or disproves mine? I never suggested a co-conspirator couldn't be charged. Some states however have put some limits, on that though.
But that's why off the mark of what we are talking about...we were discussing how assault couldn't be the felony used for felony murder, and that would merge, via the merger doctrine.
Chauvin was not charged with felony murder.
Felony murder came about as a solution to the "prisoners dilemma".
Imagine a gang assault where one gang member commits murder, but the only witnesses are the other gang members. If they all refuse to identify who did the killing, nobody gets charged with murder.
But under the felony murder statute, they don't need to know which gang member pulled the trigger, as they can all be charged with the murder.
Do you get it now?
I know what felony murder is, I just showed you over and over again what it was.
Under your hypo they wouldn't be charged with felony murder unless they were engaged in a different felony...like robbery. If it was just a murder, they could be charged with conspiracy to murder, or principals, but not felony murder unless they were engaged in a felony that didn't merge.
In Minn, under the Second Degree murder stat, if it was a drive by they could be charged however with 2nd degree murder.
Subd. 2.Unintentional murders.
Whoever does either of the following is guilty of unintentional murder in the second degree and may be sentenced to imprisonment for not more than 40 years:
(1) causes the death of a human being, without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting; or
(2) causes the death of a human being without intent to effect the death of any person, while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the perpetrator is restrained under an order for protection and the victim is a person designated to receive protection under the order. As used in this clause, "order for protection" includes an order for protection issued under chapter 518B; a harassment restraining order issued under section 609.748; a court order setting conditions of pretrial release or conditions of a criminal sentence or juvenile court disposition; a restraining order issued in a marriage dissolution action; and any order issued by a court of another state or of the United States that is similar to any of these orders.
It can only apply to what is in the Stat.
I don't disagree the judge read the law, judges always do, that doesn't mean juries don't get it wrong at times, hence why we have appeals and cases overturned
Unfortunately for Chauvin, an appeal will never be heard.
The Judge failed to put the jury ON RECORD concerning outside possible influences on them. He never officially asked them!