George Floyd: 3rd or 2nd Degree Murder? UPDATED (LegalEagle’s Real Law Review)

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LegalEagle

LegalEagle

Hace 28 días

*Updated to provide clarity about the Felony Murder Rule. See 8:00. The AG has upgraded the charges against Chauvin and the other police officers. Why?
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Comentarios
LegalEagle
LegalEagle Hace 28 días
See the update at 8:00. The law is complicated. Thanks to all the Legal Eagles who provided feedback and asked for clarification.
John Busch
John Busch Hace 2 días
@Ender Shepard you can't prove that...
Rick Deckard
Rick Deckard Hace 15 días
@Digi Byte they're police riots not civil riots.
Atlas
Atlas Hace 18 días
@Will U I don't believe so, it's still not the case that the officers all agreed to engage in a criminal act that resulted in a death. The assault that resulted in Floyd's death appears to have been Chauvins decision alone. So even if the other officers didn't prevent the assault as many would agree they should have, they still wouldn't meet the requirements for being considered co conspirators of a violent crime that resulted in a death as would be necessary for them to be guilty of felony murder. Legally speaking, inaction is not considered aiding a criminal act not is it in itself an offence. At the very least, it would be difficult to the point of impossible to prove that they had all agreed to engage in assault beforehand. Hope this helped and that I was accurate.
Tony Wilson
Tony Wilson Hace 23 días
The most amazing thing I have learned about the word Murder is that it comes from the Latin/Italian "merda" which is the word for SHIT. I bet at some point someone said somebody had been killed and someone else said "merder" as in "oh shit". Lets face it Murder is shit especially if you're the victim.
Rock Brentwood
Rock Brentwood Hace 24 días
I disagree and the law is very clear on this. 18USC242 makes what happened a capital crime! There is no exculpatory claim that can be issued here. The video makes this a slam-shut case, the advisories that by-standers gave to the officers even more so. Willful Blindness (plus the prior ill-relation the officer had with the person killed) remove any exculpatory claim. That's also the case for other 18USC242 violations and it needs to be brought fully to bear in those cases as well. The citing of #Article9 of the Universal Declaration of Human Rights buttresses all of this, making it clear that the capital crime is a human rights violation of the same kind that we fought a World War and established the United Nations to bring to an end. Article 9 has recognized validity worldwide, including the US. This matter (as well as all other violations of 18USC242) will be properly resolved - either by the US, or over the top of the US by the UN. The issue has already been brought before the UN and the United Nations will intervene time.com/5850623/malcolm-x-human-rights/ The shield of sovereignty cannot be used against human rights violations. The US,. itself, has already made this very point a de jure international precedent.
Rockstar Zombie
Rockstar Zombie Hace 2 horas
his name was chauvin? what a chauvinist pig
imashu1000
imashu1000 Hace 4 horas
Objection: doesn’t the fact that the three spectators were police officers make them different from a civilian in the duty to intervene?
Richard Harris
Richard Harris Hace 6 horas
He is guilty of murder in first degree, but it will be safer to go for second degree charge, as there is no way that can be rebutted, we have it on video ffs.
Robert DiRosa
Robert DiRosa Hace 18 horas
imho its hard to claim you didn't intend to kill someone when you crushed their windpipe for nearly 9 minutes while both the victim and bystanders are informing you that you're killing him... yknow just my opinion... Also the fact that Chauvin attended seminars Minneapolis tried to ban their officers from attending but the police union defended... In the field of "Killology", training officers that they are "warriors" and "if [they] can't kill without hesitation, [they] need to find a different job"... Just my opinion though.
It's Australia Day Every Day
It's Australia Day Every Day Hace un día
Why put dirt on the president of the united states?
MrJoco69
MrJoco69 Hace un día
George Floyd was a criminal and was dangerous so Police had to use special force. Lets not glorify George Floyd he resisted and unfortunately died.
John Sobieski
John Sobieski Hace un día
How about no degree. The technique used by the cop was legal according to their training manual. It had been used hundreds of times since 2012. The chokehold and restraint language was taken out of the training manual on 9 Jun 20. George died cause he was drugged up. That was also taken into account and was being dealt with as per the training manual. Too bad so many people jumped the gun without simply looking at what the training manual allowed. They're gonna be real disappointed. Chauvin's gonna walk.....and then he's gonna sue the pants off a lot of people.
Joe Morales
Joe Morales Hace un día
At least one US City Bans Israeli knee on neck Police Training. Charging Chavin does not make sense in light of the fact that he was trained to use such restraint that has been normalized in all communities & law enforcement. The justice is that all societies are under Covert 19 knee on neck restraint that promises the same societal asphyxiation. Those of you who do not stand for justice will be run over by it.
mauvemarlyse
mauvemarlyse Hace un día
I’m not sure if you’ve done breonna Taylor’s case but she deserves justice it’s sad it seems like they want us to forget... but as a fellow Black woman I can’t And I won’t
Jamie Lancaster
Jamie Lancaster Hace 2 días
@16:18 “Did they have a duty to act”. They are police officers common sense would say they do have a ‘duty to act’! They swore an oath.
Jon Speirs-Davies
Jon Speirs-Davies Hace 3 días
Much better segue than the Ahmaud Aubrey video! Hats off and thank you for all this great legal perspective!
Andy Lim
Andy Lim Hace 3 días
Could you provide a commentary on the James Scurlock case in Omaha?
Andy Lim
Andy Lim Hace 3 días
news.yahoo.com/after-a-black-protester-is-killed-in-omaha-witnesses-claim-a-rushed-investigation-ignored-signs-of-the-shooters-allegedly-190303877.html
Charlie Tipton
Charlie Tipton Hace 3 días
I think it is going to be very difficult to get a conviction. He will be judged by whether a police officer, with similar training and experience, would consider his actions unreasonable. Unfortunately there are many videos of leo kneeling on necks. It was not against dept policy or training. We need serious use of force reform for police.
Ghuu Pinecheek
Ghuu Pinecheek Hace 4 días
0:11
Holly Leeming
Holly Leeming Hace 4 días
The whole country has broke out in protests and riots, with a little help from politicians and MSM, hmm, I wonder if that was part of the Marxist agenda, as a lawyer you may have some insight, that's right all lawyers are liars, they are paid to lie it's part of their profession as they are no longer held accountable for perjury.
Alan
Alan Hace 4 días
We already know who side your on even though the prove shows he intentionally did it why you explaining it to let others how they can do the same?!!
TValoryn
TValoryn Hace 2 días
Don't speak English very well do you?
Barbara England
Barbara England Hace 4 días
8 minutes 46 seconds.
AussieArnold
AussieArnold Hace 4 días
keep playing from this point on loop 9:16
Behavior
Behavior Hace 5 días
Can you check out the Elijah McClain death by Aurora Police in Colorado? The coroner's report was inconclusive. They shot him up with Ketamine to clam him down. He then suffered a Heart Attack. No one has been charged for his death.
Prince Noah
Prince Noah Hace 5 días
Nope. The other three cops who knowingly refused to stop him are equally as guilty. They didn't stop him and say, "We've got this, we don't need help."
TValoryn
TValoryn Hace 2 días
Cute opinion.
Brad Palmer
Brad Palmer Hace 5 días
Look at the MN Sentencing Guidelines, there’s really not a difference between M3 and M2 w/o intent. It’s a political move at this point. I think that’s MN best attempt at bridging the Merger Doctrine issue.
Omni Almighty
Omni Almighty Hace 5 días
Cant help but think this is all being done on purpose, and I meen ordered from high places to carry out a series of racially motivated murders with the intent of causing civil unrest and protest. Its seems odd theres been a lot of police getting caught doing something hanes and this one was just brutality appalling. And the President failing to address this directly and instead calls for more police brutality, to dominate the protesters he calls thugs? Its like they want this to interfere with elections maybe even call for Marshall law idk but this is too specific of an event to think it's just one bad cop and not a direct order from the top. Too many anomalies with this President to ignore. Plus mr Trump just accused the former president of treason and joked about how he would deal with it "in another time" basically hinting at lynching former President Obama. I meen how many red flags are we going to have to see before we reach the point of no return. These are troubling times for a nation trying to evolve into something better than our legacy but unfortunately the President would rather turn the clocks back and have us living some distorted version the 1940s. Smh
Thirdspace Maker
Thirdspace Maker Hace 5 días
Suggestion: Don’t just record injustices if you happen to encounter them. Actively seek to record all police action. When it comes to police misconduct, the rule is apparently: video or it didn’t happen. All these protesters should be organizing “police accountability squads” in every city who actively monitor police radio traffic and record every stop possible.
saksham jain
saksham jain Hace 6 días
Can you make a video on all basic rights of civilians and list of laws we should be aware of as common people.
Jeff Brown
Jeff Brown Hace 6 días
Vote: Solid No on the stock video interjections
NinjaAgnostic
NinjaAgnostic Hace 6 días
For the aiding and abetting, I'm curious if you would be to say that the officer intentionally aided the crime by holding the crowd back and preventing them from rendering aid.
nomercy0401
nomercy0401 Hace 6 días
hey my friend i just want to say thank you for the awesome videos you make god bless you man you are awesome
J. S
J. S Hace 6 días
You forgot the worst degree of murder - Transcendental-Meditated Murder.
rin
rin Hace 6 días
I won't mourn Floyd. He was an awful person. I do, however, think that he should have rotted in jail, rather than a grave.
Angie Michelle
Angie Michelle Hace 7 días
Murder in the first... because he had known him before... and he saw how he could take advantage of his authority..
Floyd Hammond
Floyd Hammond Hace 7 días
I think you misinterpreted Prof Tribe's statement. Having read the entirety of the Boston Globe article, I don't believe he was talking about judicial dismissal. I believe he was talking about an informed public's perception of a 3rd degree charge when it was clear (to them at least) that Chauvin's actions were aimed directly at George Floyd and was in fact deliberate and intentional and should be the more serious charge of 2nd degree murder.
Martin Mörsch
Martin Mörsch Hace 7 días
I cant comment on the US system, as I know even less about it as my own, the german one. But, here in germany this would have been (at the very least!) "careless murder". It applies anytime, someone is killed as an result of carelessness and would definetliveley warrented here. Punishemet of up to 5 years of a fine. (If not any higher charges). 224STGB "dangerous bodily harm" would also apply. Dangerous bodily harm is distinguished from the normal form, by either the suspect being armed, using poison or acting in a group. Since the victim died, this would open the doors to homicide. Im not a lawyer yet, but im confident, in our system all invoved officers would face prison sentences above 5 years, simply because of the length this had to go on, the calmness of all officers and the outcome of the situation. I really think the US-Judicial system needs a good and propper rehaul. I belive no system can stay up to date for more than 150 years, no matter how revolutionary it might have been back then.
Bella Pearson
Bella Pearson Hace 8 días
I am unsure if it is the same in the US, but after studying UK Law, I must question at 18:37 if there is possibility to rely on the law of omissions. As mentioned you typically don't owe a duty of care to act in most circumstances, however over here there are 7 ( or maybe 8 ) exceptions to that rule, one being if you are an official person (This basically just means if through your work and during your contracted hours you are required to go out of your way to help prevent people from harm; Firemen, Paramedics, doctors). It is worth noting the DoC isn't relevant outside of working hours. Those who also owe a duty of care under this rule are POLICE OFFICERS- established in the case of Dytham ( 1979). Here we saw a failure to act from several police officers who's duty (through their job ) it was to act. The case we see here is exactly the same as the case of Dytham which established that binding precedent which confirms they have an imperative duty to act. I am just curious to know if there is any similar law in the US, if omissions exist in the US legal system and if it would be possible they could be charged with an omission?
specan48
specan48 Hace 8 días
@legaleagle - Minnesota is one of the few states that has a "Duty to Intervene". How would that rule impact the Aiding and Abetting charges against the other 3 officers?
Bob Dylan
Bob Dylan Hace 8 días
Honestly I still dont get it. He was being told he was killing the man point blank by the crowd. Floyd told him straight up he was killing him. How can they argue it was an accident? It clearly wasnt
Bert Visscher
Bert Visscher Hace 8 días
20:37 I said it before and I'll say it again: agreed!
History Guy
History Guy Hace 9 días
Officer Lane told Chauvin three times to get off Floyd, Lane should not be charged for aid and abbeting
Trailer Wager
Trailer Wager Hace 9 días
And why were people standing watching it happen for over seven minutes
Prymark
Prymark Hace 9 días
He literally explained in the video that you probably can't help him, even if the police were doing an injustice because of the laws surrounding impeding an officer. He said the best thing to do, as hard as it is, is to pull out your phone and record it. The sooner more cops get charged for this, the sooner we overturn the system and change it, the sooner it saves countless lives in the future that would have died at the hands of negligent cops.
Jeremy Smith
Jeremy Smith Hace 9 días
This is the best channel on ESwomen 👍🏽
Tyler Camp
Tyler Camp Hace 9 días
You know I never heard much information about the actual situation and what happened due to intention.
Christien Griffin
Christien Griffin Hace 9 días
Update: they both worked at the same club and had run ins prior to the murder. Chauvin knew who he was and has threatened him before. This should be 1st degree
Robert Crawshaw
Robert Crawshaw Hace 9 días
How can you kneel on someone's neck and they say they can't breath and not expect them to be dead?
Ryan Hathorn
Ryan Hathorn Hace 10 días
I’m really, really enjoying your videos! But please, PLEASE keep your fuckin politics out of it. We get it, you don’t like President Trump. Quit whining about him, go and vote, and continue making these very interesting-opinion reee-videos!
Nicholas Walsh
Nicholas Walsh Hace 10 días
Dude I am so glad I'm not legally liable for my actions in GTA V.
seml8670
seml8670 Hace 10 días
what was George's first degree felonly?
seml8670
seml8670 Hace 10 días
that cop that put his knee on his neck. It is fist degree murder
seml8670
seml8670 Hace 10 días
he wanted to kill him, the man who he put his knee on his neck, said he can't breath. He murder that man
Jim Woods
Jim Woods Hace 11 días
Objection: These officers will be acquitted. Reading the initial criminal complaint, the prosecutor acknowledged that the officers were attempting to save George Floyd's life as they thought he was at risk of sudden death from excited delirium. Based on the American College of Emergency Physicians' White Paper on Excited Delirium, the officers were following medical guidelines to restrain Floyd so he could not move until he was treated by EMTs. According to a police procedure I read for excited delirium cases, these officers were undermanned and should have used six officers to restrain Floyd (but there were not that many officers available); thus Chauvin had to use a hold that would give him the leverage of two men while simultaneously positioning him to do all the other tasks he had to do at the same time. The autopsy report supports excited delirium as the cause of death given the meth and heart incident (recall Len Bias' sudden death from coke). Related to Bias, under the Anti-Drug Abuse Act of 1986 (aka the Len Bias Law) prosecutors should have charged Floyd's drug dealer in Floyd's death. This is clearly a case of prosecutorial abuse and mob injustice.
Michelle Wear
Michelle Wear Hace 11 días
My home town Eugene's 30-year-old program CAHOOTS, is the model other cities are looking to as they form their own programs. to have a mental health response to a crisis Defund police? Some cities have already started, investing in mental health instead Lindsay Schnell USA TODAY June 22, 2020 www.usatoday.com/story/news/nation/2020/06/22/defund-police-what-means-black-lives-matter/3218862001/ CAHOOTS an alternative to traditional police, ambulance response by Ellen MenyFriday, February 5th 2016 kval.com/news/local/theres-a-growing-awareness-that-alternatives-to-law-enforcement-are-needed 'CAHOOTS': How Social Workers And Police Share Responsibilities In Eugene, Oregon June 10, 2020 www.npr.org/2020/06/10/874339977/cahoots-how-social-workers-and-police-share-responsibilities-in-eugene-oregon
Jni Kibbons
Jni Kibbons Hace 12 días
It has been alleged that Chauvin and Floyd were bouncers in the same bar. If that is the case it is extremely likely that they indeed knew each other and even likely, given the current economy, there was some animosity between them.
Daniil Sagun
Daniil Sagun Hace 12 días
Just watched knives out, and I was wondering if a confession that took place at the end of the film would hold up in court. With no physical evidence and his admission coming in response to a lie, the confession be argued to be a lie and him just getting information.
Dillon Schulz
Dillon Schulz Hace 12 días
What about Thomas Lane's tea lawyer.
Ishmam Masud - Cuz I Can
Ishmam Masud - Cuz I Can Hace 12 días
Huge pandemic, brutal riots . . . people dying, stores getting looted . . . Wtf happened to America?!?!?!? Is this the end times o_O?
JNeiiKoS
JNeiiKoS Hace 13 días
Recording injustice wont stop death they need to change laws to intervene
Holly Hilton
Holly Hilton Hace 13 días
But what about the two cops kneeling on his back?? One even asked if they should help him and he was told no, if he can't still talk, he's still breathing. There has to be some consequences to those actions, no??
Serena Kimlin
Serena Kimlin Hace 13 días
Very few ESwomenrs would be as upfront and honest with mistakes made with their previously posted works, and I thank you for both being humble and informative with this update, Mr. Stone. I really do find your works amazingly well done, with complete unbias. Like I've said many times previously, you simply give the laws that are in effect, and you allow your viewers to come to their own conclusions and opinions, instead of trying to sell and force your personal feelings and thoughts on the topic, especially in this dichotomy and severed land of opinions and world-views. Post Script: The thoughts you had regarding the possible aiding and abetting is on a knife-edge of decision. It's so hard to truly make a complete opinion on such a topic, and I'm glad that you were able to say that it's a difficult conclusion to come to. It's truly on the utter, teetering edge of such a topic of law, and how it's applied to this case for the other officers....
David Barr
David Barr Hace 13 días
Unfortunately organised crime runs the legal system judges police lawyers are enablers controlled by organised crime controlers
David Barr
David Barr Hace 13 días
Unfortunately organised crime runs the legal system judges police lawyers are enablers controlled by organised crime controlers
vacsig1
vacsig1 Hace 14 días
I still think that, the blues hands are cuffed in a lot of situations, where they shouldn't be. One of the hardest work, not just physicly, but mentaly. They have a pin on their holster for a reason, yet once they are in the crosshair and the pin is still on, well, it's a tough odd for them. That's why they have the given training in behaviour analyzis. On the other hand. There should be a training for the civis, for the people they protect. For those who grab arms, unknowing that police have already arrived, for the people who are simply being checked and don't know how to behave, soo nothing can make a suspicion in anycase, and the two sides can work with eachother without any unnecessary contact with the probability of one being hurt. Given that any of the sides have a chance to commit a crime, there should be at least 2 officers at any given time, not taking each others side but also keeping te law on eachother. Read this part only for my opinion. I don't intend to increase any outrage! Now. The death of a person i don't know is still a death given. I've never heard of George Floyd, i've never heard of the personality, neither the tactics of police arrests, or the evenst at the arrest that lead to George's death. I've only seen a footage, there are 3 officers, 2 on him, 1 standing on the roadside walk. 3 people who have resposibility for one's life. Yes, the person who is directly killed a person should be punnished, but neither of the others have a way t go with this. They had autority over the whole situation. And the arrested still had his rights to seek help, he did, no response from any of those man , at least not on the video. I'm still and outsider. I'm still nobody in the case. But this was a group crime in my eyes. They shouldn't have led a man to an unconfortable position like this, with the odds of risk on his conditions. Any one who've seen the footage, saw what happened to George. It was an execution without the knowing of the arrestant's companions. That could have been avoided.
Alex
Alex Hace 14 días
4:19 You say that premeditation can be established in an instant. Could premeditation be established in 8 minutes? Say, if you had a civilian handcuffed subdued and face-first on the pavement, thought "I could literally get away with murder right now", mulled it over for a few minutes then went through with it?
daniel job
daniel job Hace 14 días
A chokehold should not be applied beyond the point that the subject becomes unconscious. Self-defense 101.
luke53285
luke53285 Hace 14 días
@legaleagle, can you do a breakdown of the Rayshard Brooks case. I've watched the video and I have read precedents (Garnier v Tennessee) but I still can't come to the same conclusion the DA did in this case. can you do a breakdown of this? My understanding of it is that Garnver v Tennessee doesn't apply because Brooks was not suspected of a crime no one had seen, he was in the process of being arrested (most likely for public intoxication, DWI, etc) so it is reasonable that the police were not in a color of the law violation. They tried to taser him first, I've seen confusion about if the taser is a deadly weapon in Brooks's hands is it not a deadly weapon in the officer's hands, to which my natural intuition is that it is, but it is an attempt to not pull a gun thereby showing an escalation of force short of using the most lethal option. He broke the law, when they tried to arrest him he fought back, then stole a weapon from an officer. So far I think that can be clearly seen in the footage yet I still see dissenting opinions on these and would like some clarity. The ultimate question here is the fatal shot being to the back of Brooks as he was fleeing or running away. What legal implications does this have? Brooks still had a weapon from the officers and was still evading arrest. I'm a bit torn on what should happen here and what charges should be leveled. I do think Felony Murder, in this case, is odd, seeing as I can't think of the felony at the time. Please help
Richard Burt
Richard Burt Hace 14 días
Over eight minutes on George Flyod's neck.
Caffinator
Caffinator Hace 14 días
Screw the legal advise. I'll go to jail to save an innocent person's life. As far as I'm concerned, anyone stopping a cop in this scenario is doing the right thing.
Tam Anon
Tam Anon Hace 14 días
Just by standing there they're aiding in the murder because it stops any bystander from interfering. Maybe citizens shouldn't have a duty to interfere with unlawful acts but police sure should within reason! If there are 5 cops watching him being killed they should do something because it's completely and safely within their power to do so.
Nathan Michael
Nathan Michael Hace 14 días
I have to wonder are a few of us and the legal eagle the only objective people in this. I'm a black man and am glad this has sparked a look at racism in the country and i'd love to see changes that effect me and other black people more deeply than what happens when we get arrested. I've frequently stated, i don't believe in the black lives matter as a movement for legal reform, as it just permanently associates black people and crime,which does nothing for those of us who don't commit crimes or deal with people who do . But the fact that now eveyrones looking at racism elsewhere is a good thing. 2nd degree is a stretch but feels like a media ploy. I fear for this country if he doesn't get convicted. I don't think there's a ton of evidence for 2nd, and u can make a decent case for 3rd, but even then , well what we've seen publically, it's not a lot. A police office in the act of doing their job in , what is essentially a fight with a criminal, restrains someone with drugs in their system , career violent criminal who hears what he hears everyday "you're hurting me". A good lawyer could bring up dozens of instances where police reacted to this and where hurt and in some cases killed as the criminal was atempting a ploy. Those protesting have little to no idea what an actual fight looks like, particularly during an arrest. Too much law and order has people thinking after a brief chase, the perp puts their hands behind their back and are easily whisked off. They also think that getting rid of police in crime ladden areas is going to help somehow (the soup has problems let's fire the chefs???) . Instead, add more ingredients. It's easy to point fingers at someone else, but internally, i've lived in poor neighbhoods all my life. I don't havea child hood friend. And I don't think i've ever seen a murder solved outside of my aunt's. (the y turned himself in out of guilt for killing a 70 year old woman as she watched jeopardy). Folk calling for Purge zones have no idea what their asking for. IN this case was the officer the cause of death, yes. The officer should be punished for his negligence, this is easily manslaughter or 3rd degree. But should we start making it harder for police to arrest criminals because of a small (statisticaly)percentage of cops that allow their personal bias into the job, no. And i hate racists. Hate this administration. But you can't factor in this guy's affiliation with racism in this case without opening a can of worms i don't think legally we want to. Because then, where's the stop on that. Police can't be employed without going into their background for EVERY affiliation. Flip the coin. Does the guy who grew up in the hood and wants to clean it up and has a lot of gang member friends now lose his job?
featheredglass
featheredglass Hace 14 días
I know the answer is probably nothing good, but I've been curious what would happen if you were to call the police on the police. I know they have a culture of "protecting their family" but would that act of a call, where you are reporting a criminal act as it happen, lend weight to the investigation after the fact?
Insert Name
Insert Name Hace 14 días
OBJECTION! It can be argued that the other officers were criminally negligent in performing their job. Although there is no specific law that says people have to step in to help others police officers, unlike normal civilians, have the job and duty to do just that, and by not taking action they are not doing their job; causing a death and allowing a crime to be committed.
Bryan Jordan
Bryan Jordan Hace 15 días
About the officers watching. Is there no law saying that police officers have to enforce the law? If they are required to enforce the law, and Chauvin was breaking the law, and dont.. are they creating the risk as talked about?
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