What does a BIDEN Presidency look like?

[Maladict]

I haven't been following the case but I do wonder how they get to second degree murder.  Using the law I know I don't see where you'd get intent to kill, but MN may have some kind of constructive murder that we don't.

he maintained pressure on his neck despite multiple pleas from the victim that he couldn't breath. it's not premeditated, but it's still murder right there.  He can't claim he didn't know what he was doing.

The charge was second-degree unintentional murder apparently, whatever that means.

[OttoVonBismarck]

Minnesota has really weird homicide laws as far as I can tell. While obviously each state is different, in most states the differing degrees of Murder are close to uniform. 1st Degree is fairly clear cut: intentional, pre-meditation. 2nd Degree is typically intentional, without pre-meditation.

Chauvin was charged with a few crimes, including 3rd Degree Murder (a charge that doesn't exist in most states) which is:

(a) Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years.

I think for example in Virginia Manslaughter laws would cover that.

He was also charged with 2nd Degree Murder, which in Minnesota (again, atypically) has both an intentional stipulation and an unintentional, the unintentional reads:

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

He was also charged with 2nd Degree Manslaughter:

609.205 MANSLAUGHTER IN THE SECOND DEGREE.
A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:

(1) by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or

(2) by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal; or

(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or

(4) by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner's premises, or negligently failing to keep it properly confined; or

(5) by committing or attempting to commit a violation of section 609.378 (neglect or endangerment of a child), and murder in the first, second, or third degree is not committed thereby.

From what I have read in Minnesota the judge decides the sentencing, and Minnesota has established sentencing guidelines for crimes. The two murder charges have differing max sentences, but the sentencing guidelines for both would probably mean 12.5 years for Chauvin on those counts. The manslaughter charge the sentencing guidelines would suggest 4 years. Expectedly all of these would be served concurrently. From what I can tell unlike many states, you don't get a sentence, go to prison, and then after X % of sentence served get a parole hearing. There is no parole board in Minnesota. Instead terms of parole are issued at sentencing time by the sentencing judge, so the judge basically has discretion in determining at what point in the sentence Chauvin would be eligible to get paroled, and Chauvin would have to meet certain conditions to get paroled (good behavior in prison etc.)

My understanding is there is no legal bar to the judge assessing a higher sentence than the sentencing guidelines. Minnesota gives judges a lot of leeway there, in apparently in Minnesota a judge can even assess a sentence longer than the statutory maximum if he feels there are justifiable conditions--that would be unusual and not at all expected in this case. Just pointing it out because it seems like Minnesota gives a lot of leeway to its judges in the sentencing phase.

[Tonitrus]

How can one be guilty on separate charges of both murder and manslaughter, on one victim, at the same time? (honest question)

[The Brain]

How can one be guilty on separate charges of both murder and manslaughter, on one victim, at the same time? (honest question)

In many ways law is like The Matrix. You just have to believe.

[grumbler]

How can one be guilty on separate charges of both murder and manslaughter, on one victim, at the same time? (honest question)

I am guessing that Minnesota doesn't have lesser included offenses, and charged with multiple charges to avoid having the invalidation of one charge invalidate the entire conviction.  I don't think the judge can order consecutive sentences for the same act.

[OttoVonBismarck]

Yeah, my understanding is it's a strategic sort of move by the prosecutor. I don't know for sure if MN doesn't have lesser included offenses at all, but it would make the move even more logical. The idea being you charge three crimes you think the defendant is guilty of, for the same act. The jury has leeway to decide if the crime actually matches the definition of all three crimes, in which case you get three convictions. But maybe the statutory definition of 2nd Degree Unintentional Murder the jury doesn't quite buy Chauvin's actions qualify for that, so they acquit for that, but convict on the other two. It's also a protection from the appellate process to a degree, obviously some issues on appeal could apply to the entire trial in which they'd have to do a retrial. But in case an appellate court decides that it was an error of law for him to be found guilty of say, 3rd Degree Murder, that would leave the other two convictions intact.

As grumbler said I'm fairly certain he can't be sentenced to consecutive sentences for three convictions covering the same material act.

[PDH]

If I have been reading true things, the judge can raise the sentence for committing a violent crime with minors witnessing.

[grumbler]

If I have been reading true things, the judge can raise the sentence for committing a violent crime with minors witnessing.

If they came out of the mine to watch, that's on them.

[The Brain]

If I have been reading true things, the judge can raise the sentence for committing a violent crime with minors witnessing.

They don't belong in the courtroom IMHO.

[Tonitrus]

If I have been reading true things, the judge can raise the sentence for committing a violent crime with minors witnessing.

They don't belong in the courtroom IMHO.

Agreed.  Judges should be out on the streets enforcing the law.

[The Brain]

If I have been reading true things, the judge can raise the sentence for committing a violent crime with minors witnessing.

They don't belong in the courtroom IMHO.

Agreed.  Judges should be out on the streets enforcing the law.

Old Stoner-face.

[Admiral Yi]

Caitlyn Jenner has announced she is running for governor of California as a Republican. 

[Eddie Teach]

Sure, why not.

[jimmy olsen]

Caitlyn Jenner has announced she is running for governor of California as a Republican. 

That's a doomed campaign if I ever saw one.

[Sheilbh]

Germany and France have backed a global minimum corporation tax