Here's the legal definition, under Minnesota law, of 3rd degree murder: https://www.revisor.mn.gov/statutes/cite/609.195 And here's 2nd degree murder: He was also charged with manslaughter in the...
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.
culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another
The difference between 3rd degree murder and manslaughter seems to center on "an act eminently dangerous to others and evincing a depraved mind, without regard for human life" vs. "creates an unreasonable risk, and consciously takes chances of causing death".
First-degree murder requires premeditation, and by all accounts I don't think that fits here. I think the best case for 2nd degree murder would be the fact that not only did the officer kneel on George Floyd's neck for 8 minutes and 46 seconds, but almost 3 minutes of that was after Floyd stopped moving or speaking. In my opinion that should meet the standard of "intent to effect the death of that person" as required by 2nd degree murder.
If the 3rd-degree murder charge doesn't stick but the manslaughter one does, I fully expect to see more riots. Kneeling on someone's neck for almost 9 minutes is more than "an unreasonable risk" as required by the manslaughter statute.
First Degree - When the Murder is Planned. Second Degree - When the Murder is Unplanned. Third Degree - Doesn't really come up much, specific to a few states where a felony is taking place and...
First Degree - When the Murder is Planned.
Second Degree - When the Murder is Unplanned.
Third Degree - Doesn't really come up much, specific to a few states where a felony is taking place and someone drops dead, or murderer has no regard to life. Think reckless endangerment, except someone dies.
Third degree only exists in 3 states (Florida, Minnesota, and Pennsylvania). It has a max of 25 years in Minnesota, whereas in other states where the same requirements would qualify for second...
Third degree only exists in 3 states (Florida, Minnesota, and Pennsylvania). It has a max of 25 years in Minnesota, whereas in other states where the same requirements would qualify for second degree murder, there's the possibility of a life sentence.
Plus there's how manslaughter would factor in, since there wasn't intent to kill so much as he died under assault. https://www.nolo.com/legal-encyclopedia/homicide-murder-manslaughter-32637-2.html
Plus there's how manslaughter would factor in, since there wasn't intent to kill so much as he died under assault.
As someone from a different country, is "third-degree murder" the correct charge based on the video?
Here's the legal definition, under Minnesota law, of 3rd degree murder: https://www.revisor.mn.gov/statutes/cite/609.195
And here's 2nd degree murder:
He was also charged with manslaughter in the 2nd degree:
The difference between 3rd degree murder and manslaughter seems to center on "an act eminently dangerous to others and evincing a depraved mind, without regard for human life" vs. "creates an unreasonable risk, and consciously takes chances of causing death".
First-degree murder requires premeditation, and by all accounts I don't think that fits here. I think the best case for 2nd degree murder would be the fact that not only did the officer kneel on George Floyd's neck for 8 minutes and 46 seconds, but almost 3 minutes of that was after Floyd stopped moving or speaking. In my opinion that should meet the standard of "intent to effect the death of that person" as required by 2nd degree murder.
If the 3rd-degree murder charge doesn't stick but the manslaughter one does, I fully expect to see more riots. Kneeling on someone's neck for almost 9 minutes is more than "an unreasonable risk" as required by the manslaughter statute.
First Degree - When the Murder is Planned.
Second Degree - When the Murder is Unplanned.
Third Degree - Doesn't really come up much, specific to a few states where a felony is taking place and someone drops dead, or murderer has no regard to life. Think reckless endangerment, except someone dies.
Second seems more apt for this situation but I'm assuming third is easier to prosecute.
Third degree only exists in 3 states (Florida, Minnesota, and Pennsylvania). It has a max of 25 years in Minnesota, whereas in other states where the same requirements would qualify for second degree murder, there's the possibility of a life sentence.
Plus there's how manslaughter would factor in, since there wasn't intent to kill so much as he died under assault.
https://www.nolo.com/legal-encyclopedia/homicide-murder-manslaughter-32637-2.html
IANAL but I think for it to be second or first degree they would have to prove intent.
What about the other three? All four need to be charged.