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Chauvin, accrd to a piece in one of best mags out there
Posted on: April 11, 2021 at 11:18:47 CT
raskolnikov MU
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https://www.newyorker.com/news/our-columnists/the-simple-facts-of-derek-chauvins-trial?utm_source=nl&utm_brand=tny&utm_mailing=TNY_Daily_041021&utm_campaign=aud-dev&utm_medium=email&bxid=5be9d5873f92a40469e3dcf6&cndid=44252462&hasha=090b0cde4ec6b67ffcf2eb6105466e04&hashb=84e97be6019ddad1e8532d23c6eb1d60430b618e&hashc=5ee87f4d4cb952cfedebbd51583a596dd80e06bbc2d4237364d29ef6cf27d987&esrc=AUTO_PRINT&utm_term=TNY_Daily
"None of the charges against Chauvin demand proof that he actually intended to kill Floyd. The most serious, second-degree murder, requires the prosecution to prove that Chauvin’s kneeling on Floyd’s neck was a felony assault that caused Floyd’s death. A lesser charge, third-degree murder, requires proof that the act caused Floyd’s death and was “eminently dangerous to others and evincing a depraved mind, without regard for human life.” The least serious of the charges, second-degree manslaughter, requires proof that Chauvin displayed “culpable negligence,” creating an unreasonable risk, and that he consciously took “chances of causing death or great bodily harm.”
No reasonable person viewing the video of Floyd’s death could conclude that the force that Chauvin used was necessary. Floyd was handcuffed and lying facedown on the pavement during the agonizingly long period that Chauvin’s knee was on his neck. Nevertheless, the prosecution has devoted multiple trial days to establishing that Chauvin’s act was excessive. Multiple police officers and experts have clearly and repeatedly said that the force Chauvin used was disproportionate to any possible physical danger that Floyd presented in the moment. Jody Stiger, a use-of-force expert in the Los Angeles Police Department, testified that, once Floyd was subdued, “no force should have been used.” A lieutenant in the Minneapolis Police Department, Richard Zimmerman, said that it was “totally unnecessary.” The department’s police chief, Medaria Arradondo, who fired Chauvin the day after Floyd’s death and called his act a “murder,” said at trial that Chauvin’s maneuver “in no way, shape, or form is anything that is by policy,” and that it “is not part of our training.” In response, the defense asked questions suggesting that, even if Floyd, who’d initially resisted arrest, appeared to have been adequately subdued, it was reasonable for an officer not to let up on the force for fear that the suspect could suddenly rise up again and pose a real danger. These suggestions were mostly rebuffed by the prosecution’s witnesses, but they will be central to the defense case."
"None of the charges against Chauvin demand proof that he actually intended to kill Floyd. The most serious, second-degree murder, requires the prosecution to prove that Chauvin’s kneeling on Floyd’s neck was a felony assault that caused Floyd’s death. A lesser charge, third-degree murder, requires proof that the act caused Floyd’s death and was “eminently dangerous to others and evincing a depraved mind, without regard for human life.” The least serious of the charges, second-degree manslaughter, requires proof that Chauvin displayed “culpable negligence,” creating an unreasonable risk, and that he consciously took “chances of causing death or great bodily harm.”
No reasonable person viewing the video of Floyd’s death could conclude that the force that Chauvin used was necessary. Floyd was handcuffed and lying facedown on the pavement during the agonizingly long period that Chauvin’s knee was on his neck. Nevertheless, the prosecution has devoted multiple trial days to establishing that Chauvin’s act was excessive. Multiple police officers and experts have clearly and repeatedly said that the force Chauvin used was disproportionate to any possible physical danger that Floyd presented in the moment. Jody Stiger, a use-of-force expert in the Los Angeles Police Department, testified that, once Floyd was subdued, “no force should have been used.” A lieutenant in the Minneapolis Police Department, Richard Zimmerman, said that it was “totally unnecessary.” The department’s police chief, Medaria Arradondo, who fired Chauvin the day after Floyd’s death and called his act a “murder,” said at trial that Chauvin’s maneuver “in no way, shape, or form is anything that is by policy,” and that it “is not part of our training.” In response, the defense asked questions suggesting that, even if Floyd, who’d initially resisted arrest, appeared to have been adequately subdued, it was reasonable for an officer not to let up on the force for fear that the suspect could suddenly rise up again and pose a real danger. These suggestions were mostly rebuffed by the prosecution’s witnesses, but they will be central to the defense case."
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Chauvin, accrd to a piece in one of best mags out there - raskolnikov MU - 4/11 11:18:47
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