The Derek Chauvin / George Floyd Trial

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HumblePie

Lifer
Oct 30, 2000
14,665
440
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Can you be convicted of murder in Minnesota without having the intent to kill, yes or no? (Yes)

Second question, can you be convicted of murder in Minnesota without having the intent to commit the act that led to someone’s death? (No.)

You should really get a refund for your fake law degree. Lol.

That is not the point I was arguing you on. You are the one trying to backpeddle here. You literally stated that intent to kill doesn't mean intent to kill. That is wrong. 2nd degree has to be based on intent or based on felony actions that lead to death which is felony murder for Minnesota. Felony murder in Minnesota is also under their 2nd degree which is usually a different charge in other states. You are still WRONG as usual. Stop trying to deflect to something entirely different from what you claimed.
 

HumblePie

Lifer
Oct 30, 2000
14,665
440
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No. The definition of homicide is a death caused by the actions of another human. If there was no direct or indirect causation of death by a human by definition it is not homicide.

You are wrong again here as well in your implication to the previous post. First off, that is not the medical definition of homicide that is required by the coroner to list a death as homicide. The coroner stated what that was. He said that when a death occurs and there is any human involvement around that could be construed as a possible factor, he has to list it as homicide. Him listing homicide on the certificate doesn't make it a homicide by the legal definition of it either by his own words. Also, homicide does not equal murder or even manslaughter. A suicide is technically a homicide as it is a human killing a human. In this case their self. Even then, homicide can he declared as such by inaction as well.

homicide
n. the killing of a human being due to the act or omission of another. Included among homicides are murder and manslaughter, but not all homicides are a crime, particularly when there is a lack of criminal intent. Non-criminal homicides include killing in self-defense, a misadventure like a hunting accident or automobile wreck without a violation of law like reckless driving, or legal (government) execution. Suicide is a homicide, but in most cases there is no one to prosecute if the suicide is successful. Assisting or attempting suicide can be a crime.

See that bit by "omission" in the definition? An example of homicide by omission would be a first responder on the scene of someone dying and they don't do anything to try to save the person's life. They just sit back and watch. So if an EMT was watching someone choke to death on their lunch and they didn't attempt anything to prevent them from death from choking, then that death would be listed more than likely as a homicide. Even when there was direct or indirect action taken by the EMT to cause the death.
 

VW MAN

Senior member
Jun 27, 2020
677
861
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You are wrong again here as well in your implication to the previous post. First off, that is not the medical definition of homicide that is required by the coroner to list a death as homicide. The coroner stated what that was. He said that when a death occurs and there is any human involvement around that could be construed as a possible factor, he has to list it as homicide. Him listing homicide on the certificate doesn't make it a homicide by the legal definition of it either by his own words. Also, homicide does not equal murder or even manslaughter. A suicide is technically a homicide as it is a human killing a human. In this case their self. Even then, homicide can he declared as such by inaction as well.



See that bit by "omission" in the definition? An example of homicide by omission would be a first responder on the scene of someone dying and they don't do anything to try to save the person's life. They just sit back and watch. So if an EMT was watching someone choke to death on their lunch and they didn't attempt anything to prevent them from death from choking, then that death would be listed more than likely as a homicide. Even when there was direct or indirect action taken by the EMT to cause the death.

You don't seriously have a law degree, do you? You just pretend to because life is hard and your ego is super fragile so you must play lawyer on the interwebs for attention. I mean, if you actually paid real money for any such law degree you got ripped off...bigly!
 

fskimospy

Elite Member
Mar 10, 2006
87,858
55,037
136
You don't seriously have a law degree, do you? You just pretend to because life is hard and your ego is super fragile so you must play lawyer on the interwebs for attention. I mean, if you actually paid real money for any such law degree you got ripped off...bigly!
No joke he used to lie and claim he had a law degree but when pressed on it it turns out he got a criminal justice degree. He then, and I am not kidding, tried to claim that a criminal justice bachelors is a kind of law degree.
 
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VW MAN

Senior member
Jun 27, 2020
677
861
136
No joke he used to lie and claim he had a law degree but when pressed on it it turns out he got a criminal justice degree. He then, and I am not kidding, tried to claim that a criminal justice bachelors is a kind of law degree.
wow! 😳
 

woolfe9998

Lifer
Apr 8, 2013
16,242
14,242
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No, you heard it wrong. When asked what it meant by homicide, it meant that a death occurred and there were human actions involved during the death. It doesn't mean there was a direct or even indirect causation by any specific human to have a death be classified as a homicide. As I said, if you die from a heart attack during Halloween because someone yells "BOO" at someone else across the street from you but people think it may have scared you to death then it is still a homicide. There was a human action and a death occurred. The coroner said there was a struggle, and that George had a heart attack. That the mere act of the officers being there to arrest him was going to release stress hormones and such stress hormones are likely to cause a heart attack considering his heart. That was his testimony. The coroner never said once that Chauvin caused the death. When Nelson specifically asked if the pressure on the back of the neck could have strangled George he literally said no.

I'm afraid your definition of homicide is over-broad, particularly where I have underlined. Broadly, homicide means, one person kills another person. It can be murder, manslaughter, or justifiable homicide. But there must be causation, which is where you are wrong. If a person literally did not cause another person's death, then it isn't a homicide.

Also, your example of yelling "boo" at a Halloween party is doubtful as a "homicide." Homicides are by definition at least negligent. Yelling boo is not a negligent act because the consequence of death is unforeseeable. A coroner should label that as an infarction, not as homicide.

In this case, if the coroner said it was a homicide, that means it is manslaughter at a minimum, unless there is a legal justification, which usually means self-defense or defense of third parties. Which in this case is another way of saying that Floyd had to be a threat, according to the ME's description of the death as a "homicide."

You should check reliable sources on the definition of homicide. I have never seen it defined that broadly.
 

HumblePie

Lifer
Oct 30, 2000
14,665
440
126
I'm afraid your definition of homicide is over-broad, particularly where I have underlined. Broadly, homicide means, one person kills another person. It can be murder, manslaughter, or justifiable homicide. But there must be causation, which is where you are wrong. If a person literally did not cause another person's death, then it isn't a homicide.

Also, your example of yelling "boo" at a Halloween party is doubtful as a "homicide." Homicides are by definition at least negligent. Yelling boo is not a negligent act because the consequence of death is unforeseeable. A coroner should label that as an infarction, not as homicide.

In this case, if the coroner said it was a homicide, that means it is manslaughter at a minimum, unless there is a legal justification, which usually means self-defense or defense of third parties. Which in this case is another way of saying that Floyd had to be a threat, according to the ME's description of the death as a "homicide."

You should check reliable sources on the definition of homicide. I have never seen it defined that broadly.

No, my definition isn't overbroad, I was stating what the coroner said as to why he put the homicide label on the certificate of his examine. When asked if it was required that way by the CDC he said it wasn't. That is was the way he did it. I wasn't defining what homicide was. I was making the statement in argument of it being on the Hennepin autopsy report and the reason stated for it by why it was there by the coroner in his testimony.
 

fskimospy

Elite Member
Mar 10, 2006
87,858
55,037
136
I'm afraid your definition of homicide is over-broad, particularly where I have underlined. Broadly, homicide means, one person kills another person. It can be murder, manslaughter, or justifiable homicide. But there must be causation, which is where you are wrong. If a person literally did not cause another person's death, then it isn't a homicide.

Also, your example of yelling "boo" at a Halloween party is doubtful as a "homicide." Homicides are by definition at least negligent. Yelling boo is not a negligent act because the consequence of death is unforeseeable. A coroner should label that as an infarction, not as homicide.

In this case, if the coroner said it was a homicide, that means it is manslaughter at a minimum, unless there is a legal justification, which usually means self-defense or defense of third parties. Which in this case is another way of saying that Floyd had to be a threat, according to the ME's description of the death as a "homicide."

You should check reliable sources on the definition of homicide. I have never seen it defined that broadly.
Yes, to the best of my knowledge the only way someone can commit homicide outside of an action is if they have previously assumed some sort of duty to a person.

Like, if you were the caregiver of someone in a coma and you just stopped feeding them that could be homicide, but the idea that anything a person was even tangentially related to being classified as a homicide is nonsense. By his definition if you had a heart attack the guy serving cheeseburgers at McDonalds could be a perpetrator of homicide.
 

HumblePie

Lifer
Oct 30, 2000
14,665
440
126
No joke he used to lie and claim he had a law degree but when pressed on it it turns out he got a criminal justice degree. He then, and I am not kidding, tried to claim that a criminal justice bachelors is a kind of law degree.

No joke. You are LYING AGAIN. Do you ever get tired of lying all the time? I said I have a criminal justice degree. When someone asked if I really had a law degree I said I did. You then asked if I had a JD already in a longer question and I missed the JD abbreviation in your post. Again, most people I know lump degrees dealing with law or the justice system as law degrees. You are again trying to lie, deflect, and take the argument off the fact I caught you again making a WRONG statement. Why don't you ever grow up and admit it? When I misread the JD in your question, I unlike you, was the bigger man and said I made a mistake in relation to the question you asked. You on the other hand are seriously messed up in the head.
 
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HumblePie

Lifer
Oct 30, 2000
14,665
440
126
Yes, to the best of my knowledge the only way someone can commit homicide outside of an action is if they have previously assumed some sort of duty to a person.

Like, if you were the caregiver of someone in a coma and you just stopped feeding them that could be homicide, but the idea that anything a person was even tangentially related to being classified as a homicide is nonsense. By his definition if you had a heart attack the guy serving cheeseburgers at McDonalds could be a perpetrator of homicide.

Dipshit, you are failing at reading comprehension again. I gave the legal definition of homicide with the quote in my post. My explanation was in relation to what the coroner explained why he put the label of homicide on the certificate per his testimony. Go back and re-read what I wrote again.
 

fskimospy

Elite Member
Mar 10, 2006
87,858
55,037
136
No joke. You are LYING AGAIN. Do you ever get tired of lying all the time? I said I have a criminal justice degree. When someone asked if I really had a law degree I said I did. You then asked if I had a JD already in a longer question and I missed the JD initials. Again, most people I know lump degrees dealing with law or the justice system as law degrees. You are again trying to lie, deflect, and take the argument off the fact I caught you again making a WRONG statement. Why don't you ever grow up and admit it? When I misread the JD in your question, I unlike you, was the bigger man and said I made a mistake in relation to the question you asked. You on the other hand are seriously messed up in the head.
I have never once in my entire life heard someone refer to a undergrad criminal justice degree as a ‘law degree’, except for you.
 

woolfe9998

Lifer
Apr 8, 2013
16,242
14,242
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No, my definition isn't overbroad, I was stating what the coroner said as to why he put the homicide label on the certificate of his examine. When asked if it was required that way by the CDC he said it wasn't. That is was the way he did it. I wasn't defining what homicide was. I was making the statement in argument of it being on the Hennepin autopsy report and the reason stated for it by why it was there by the coroner in his testimony.


These words make it extremely clear that you were lecturing another posture on the legal definition of homicide. And legally, it's an incorrect definition.

It doesn't mean there was a direct or even indirect causation by any specific human to have a death be classified as a homicide.
As I said, if you die from a heart attack during Halloween because someone yells "BOO" at someone else across the street from you but people think it may have scared you to death then it is still a homicide.

I'm aware of other passages in that and other posts where you refer to the ME's testimony, but you should not confuse a coroner's definition of "homicide" with a legal definition. I think you were assuming that the coroner's definition is the same as a legal definition. It ought to be, but if what you are saying is correct, then in this case it is not. Also, there is no chance the coroner said that causation was not required. If no person's actions were even a contributing cause, then homicide is not even possible no matter how broad the definition.

Show me where the coroner said no human causation is required for a homicide.

In any event, the coroner's definition of homicide is irrelevant. What matters about the coroner's testimony is the issue of medical causation, which is required for any homicide. The coroner said that the officer's actions were one cause which, when combined with his heart condition and the drugs in his system, put him over the edge.

Legal causation for a homicide requires two things: 1) "but for" causation, otherwise known as "factual causation." We have that here, according to the coroner's testimony. But it also requires 2) proximate causation, which more or less means that even with "but for" causation, the defendant's conduct has to have been more than a slight contributing factor. That is arguable under the coroner's testimony, which is different than the other experts called by the prosecution. The jury will have to decide.
 
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fleshconsumed

Diamond Member
Feb 21, 2002
6,486
2,363
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This is what the defense is showing. That George was resisting the entire time. He was kicking, thrashing, and physically resisting being arrested even after being handcuffed. On-lookers were also threatening the officers the entire time and there was a sizeable hostile crowd. The later makes a huge difference. The police have a duty to protect themselves first. That has been held up numerous times in many court cases. Police can protect themselves before they look to protect others. George and the crowd were all creating an on going threat the entire time. That is part of the defenses case as well. The cops are trained not to protect themselves, the scene, and then innocent bystanders in that order. Then if all that is good then they can look to the the wellfare of others.
Once George Floyd was handcuffed and on the ground he was not danger to anyone. Putting one knee on his neck and another one on his back was totally unnecessary. Just let him thrash on the ground. As far as duty to protect themselves from the crowd first, riddle me this please: how is putting a knee on George Floyd neck help cops protect themselves from the crowd?
 

woolfe9998

Lifer
Apr 8, 2013
16,242
14,242
136
Yes, to the best of my knowledge the only way someone can commit homicide outside of an action is if they have previously assumed some sort of duty to a person.

Like, if you were the caregiver of someone in a coma and you just stopped feeding them that could be homicide, but the idea that anything a person was even tangentially related to being classified as a homicide is nonsense. By his definition if you had a heart attack the guy serving cheeseburgers at McDonalds could be a perpetrator of homicide.

Yes, that is what we call "nonfeasance" as opposed to "malfeasance" and it is more commonly applied in civil law. Yes, it requires a special relationship between defendant and victim. If someone is pinned under a car after an accident, there is no liability to the random passerby for not helping. But if it's a parent, the parent could be civilly liable, or, rarely, found guilty of manslaughter.

And yes, his definition of homicide is ridiculous. I highly doubt any ME has ever ruled a death as a "homicide" when someone said "boo."
 

HumblePie

Lifer
Oct 30, 2000
14,665
440
126
These words make it extremely clear that you were lecturing another posture on the legal definition of homicide. And legally, it's an incorrect definition.
Your reading comprehension is bad. Read the sentence in front of that statement first. I started it with the preface of

When asked what it meant by homicide,

That means my statements were in relation to what the coroner stated. Those are HIS words and my paraphrase of them along with explanation to what he was saying in an laymans terms. You don't like it? Take it up with him.

Show me where the coroner said no human causation is required for a homicide.

He didn't state it exactly that way. He said if there are human involvement when there is a death of any sort then he lists it as homicide. That was also in the direct questioning by the prosecution from Jerry Blackwell. He, Jerry, even allowed the broader definition when he asked what "complications" meant on the cert. Both the prosecution and the coroner both stated a very broad definition and allowed it for why homicide was listed on the cert. This is part of where the prosecution screwed up in their case. I feel you are projecting here and I am merely reporting what happened and you don't seem to like it. Sorry it makes you feel bad or something when things aren't what you thought they were.

In any event, the coroner's definition of homicide is irrelevant. ... The jury will have to decide.

Snipped out the middle of the rest of the post because it is also irrelevant. You are correct in that the coroners definition may be irrelevant. It is up to the jury to decide. They may see it as relevant or not. I know if I was on the jury it would have an impact though for me.
 
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HumblePie

Lifer
Oct 30, 2000
14,665
440
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I have never once in my entire life heard someone refer to a undergrad criminal justice degree as a ‘law degree’, except for you.

I have never heard someone try to say that intent doesn't mean intent except for you. And when called out on it, still doesn't admit to being wrong on that statement.
 
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HomerJS

Lifer
Feb 6, 2002
39,092
32,409
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Police can protect themselves before they look to protect others. George and the crowd were all creating an on going threat the entire time.
An expert witness who reviewed the body cam footage says you are full of shit...

'JODY STIGER: My opinion was that no force should have been used once he was in that position. I would find a hostile crowd, in the situations I had been in, where the crowd or members of the crowd were threatening and/or throwing bottles and rocks at us, at the police.

ERIC NELSON: Have you had that experience?

JODY STIGER: Yes, sir.

ERIC NELSON: On more than one occasion?

JODY STIGER: Yes.

ERIC NELSON: OK. When you reviewed the body-worn cameras, did you see anybody throw any rocks or bottles?

JODY STIGER: No, I did not.

ERIC NELSON: Did you see anyone attack, physically attack the officers?

JODY STIGER: No, I did not.

ERIC NELSON: Did you hear foul language or name-calling?

JODY STIGER: There was some name-calling, yes, and some foul language, but that was about the most of it.

ERIC NELSON: Did that factor into your analysis?

JODY STIGER: No.

ERIC NELSON: Why not?

JODY STIGER: Because I did not perceive them as being a threat.

ERIC NELSON: And why is that?

JODY STIGER: Because they were merely filming and they were-- most of it was their concern for Mr. Floyd."

Expert says did not perceive Chauvin bystanders as 'threat' (yahoo.com)
 

woolfe9998

Lifer
Apr 8, 2013
16,242
14,242
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Your reading comprehension is bad. Read the sentence in front of that statement first. I started it with the preface of



That means my statements were in relation to what the coroner stated. Those are HIS words and my paraphrase of them along with explanation to what he was saying in an laymans terms. You don't like it? Take it up with him.

I read everything you wrote. You mistook what you think was his definition of homicide for the legal one. You took it as an authoritative definition, and furthermore, you misunderstood it. He never said anything about homicide not requiring causation. If you claim he said that, QUOTE HIM. He didn't. You went way beyond what he said and were embellishing. If homicide means anything, it means a human was a causal factor in someone's death. If it doesn't mean that, it means nothing.

He didn't state it exactly that way. He said if there are human involvement when there is a death of any sort then he lists it as homicide.

Human involvement can only mean causation. It literally cannot mean anything else.

That was also in the direct questioning by the prosecution from Jerry Blackwell. He, Jerry, even allowed the broader definition when he asked what "complications" meant on the cert. Both the prosecution and the coroner both stated a very broad definition and allowed it for why homicide was listed on the cert. This is part of where the prosecution screwed up in their case. I feel you are projecting here and I am merely reporting what happened and you don't seem to like it. Sorry it makes you feel bad or something when things aren't what you thought they were.

This has nothing to do with what I like. I think you are engaging in wishful thinking about the meaning of that testimony and the juries' reaction to it. Homicide and its elements will be defined for the jury by instruction. The ME's testimony is factual and pertains to medical causation of death, not a legal conclusion.

Snipped out the middle of the rest of the post because it is also irrelevant. You are correct in that the coroners definition may be irrelevant. It is up to the jury to decide. They may see it as relevant or not. I know if I was on the jury it would have an impact though for me.

For someone acknowledging that it may be irrelevant what the ME's definition of homicide is, you spent a lot of time apparently explaining the point. When instead what is relevant is the factual component, and specifically in regards to medical causation of death.

One would hope you would then listen to the jury instructions and correctly apply them to those facts. The ME testified that other factors primed Floyd to die that day, but he wouldn't have died without the stress they put him under. That is causation, and not much more is required under the applicable legal standard.

And here is what I believe will be key for the jury: they didn't put him under stress by yelling "boo." They applied pressure to his body in multiple places for over 9 minutes when he clearly posed no threat at all. That is what I think the jury will find persuasive at the end of the day.

As to whether this is M2, M3, or manslaughter, I think the critical point for the prosecution is going to be that the officers failed to check his pulse. Chauvin, who was in charge, did not instruct the men to check his pulse, and did not perform CPR. He just kept going in spite of multiple pleas from onlookers. This goes directly to his state of mind. I think it's quite persuasive that this shows reckless disregard.

Then again, juries can be unpredictable, so we'll see.
 
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MrSquished

Lifer
Jan 14, 2013
26,067
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No joke. You are LYING AGAIN. Do you ever get tired of lying all the time? I said I have a criminal justice degree. When someone asked if I really had a law degree I said I did. You then asked if I had a JD already in a longer question and I missed the JD abbreviation in your post. Again, most people I know lump degrees dealing with law or the justice system as law degrees. You are again trying to lie, deflect, and take the argument off the fact I caught you again making a WRONG statement. Why don't you ever grow up and admit it? When I misread the JD in your question, I unlike you, was the bigger man and said I made a mistake in relation to the question you asked. You on the other hand are seriously messed up in the head.

University of Phoenix? The whites only secret menu version?
 

zinfamous

No Lifer
Jul 12, 2006
111,801
31,233
146
No joke. You are LYING AGAIN. Do you ever get tired of lying all the time? I said I have a criminal justice degree. When someone asked if I really had a law degree I said I did. You then asked if I had a JD already in a longer question and I missed the JD abbreviation in your post. Again, most people I know lump degrees dealing with law or the justice system as law degrees. You are again trying to lie, deflect, and take the argument off the fact I caught you again making a WRONG statement. Why don't you ever grow up and admit it? When I misread the JD in your question, I unlike you, was the bigger man and said I made a mistake in relation to the question you asked. You on the other hand are seriously messed up in the head.

lol. this is complete horseshit.
 

fskimospy

Elite Member
Mar 10, 2006
87,858
55,037
136
I have never heard someone try to say that intent doesn't mean intent except for you. And when called out on it, still doesn't admit to being wrong on that statement.
I’ve never heard someone say that either, including myself, lol.

Probably should have taken remedial English while getting your fake law degree!