They used force, when he became violent trying to get out/in the car. A point where judicious use of force was appropriate agree. Though it's also possible that would be a point for de-escalation to be tried, since he was cuffed and unarmed.
Then we get to the point where he STOPPED resisting and the force was continued.
Would you agree that at that point Chauvin violated procedures and it became an unjustified use of force?
I would agree, FWIW. I am not convinced however, that Chauvin should have been found guilty of 2nd degree murder, although I heard yesterday that Chauvin agreed to plead guilty to 3rd degree murder but the prosecutor wanted to go for more. In any case, IMHO Chauvin did cross the line and did use unjustified and excessive force that contributed to Floyd's death. and for that he will pay a heavy price.
I also think it's about time there was an honest investigation into how and why Chauvin was still wearing a badge and a gun after so many allegations and complaints against him.
Absolutely - and this goes into the secrecy that often surrounds these things. I understand why every complaint can't be made public (many probably have no merit) - but there should be a process where by those that do have meaningful consequences and are transparent to the public.
I think there is some confusion too about what constitutes 1st, 2nd, 3rd, degree murder. I always thought that murder required intent, and homicide and manslaughter was for those that were not intentional but that was simplistic plus of course it varies by state.
But when I looked it up, this is what I found:
Differences Between Murder Charges
To help make sense of the degrees of murder, we're going to start with the most serious crime in the murder spectrum. We will also pinpoint exactly what differs between a first-, second-, and third-degree murder (or manslaughter) charge.
First-Degree Murder
- Premeditated, intentional killings (like stalking someone before murdering them)
Second-Degree Murder
- An unplanned, intentional killing (reacting in the heat of the moment when angry)
- A death caused by a reckless disregard for human life
The Difference Between First and Second-Degree Murder
Putting aside felony murder, the real difference between first and second-degree murder is the intent or mindset the defendant had when they took the action they did.
Third Degree Murder/Manslaughter
Third-degree murder (also called manslaughter) is an unplanned, unintentional killing that is not part of another felony. It can be either:
- Involuntary (you fall and push someone off a ledge by accident)
- Voluntary (you punch someone and unintentionally kill them)
The Difference Between First-, Second- and Third-Degree Murder
The biggest difference between third-degree murder and the other two is that it is not planned, and it doesn't rise to the level of reckless disregard for human life. In the eyes of the law, a person committing third-degree murder still shows ill will toward someone else by harming them.
Whether someone intends some harm but not death or there is an accident, they can still face manslaughter charges if someone dies because of their actions.
Third-degree murder charges only exist in three states: Pennsylvania, Florida, and Minnesota. Every other state uses the charges of manslaughter.
Degrees of Intent Between Murder Charges
First-degree murder requires that a person (called the defendant) plan and intentionally carry out the killing. In contrast, second-degree murder requires that the killing either be intentional or reckless and occur in the spur of the moment.
Taking the time to plan another person's death is arguably a more serious crime.