Law of Self Defense: Charges brought against Officer Chauvin

[oljames3]

The purpose of this thread is to discuss the law, not tactics or other issues. Anything else is a high-jack.

Today's show focuses on the charges brought against Officer Chauvin in the arrest-related death case of George Floyd, including the just-added second-degree murder charge, and also on the charges just brought against an additional three officers of aiding and abetting Chauvin, and considers those charges in the context of the evidence known to us.

We conclude the prospect of convicting Chauvin on any of the charges brought against him is unlikely, on the merits, and without convicting Chauvin the aiding and abetting charges against the other three officers also go away.

https://www.facebook.com/LawofSelfDefense/

[crazy2medic]

If I understand correctly, if the D.A. overcharges intentionally or by being a overzealous idiot if they can't prove the charges then he walks, Correct?
If they charge him with 2nd degree murder but can only prove negligent homicide and then the jury aquits him then he walks with no punishment Right?

[oljames3]

If I understand correctly, if the D.A. overcharges intentionally or by being a overzealous idiot if they can't prove the charges then he walks, Correct?
If they charge him with 2nd degree murder but can only prove negligent homicide and then the jury aquits him then he walks with no punishment Right?

It will depend on the jury instructions the judge gives. Usually, all lesser included offenses can be charged. As I understand it, what Branca is saying is that the murder charged is based on an assault charge. If the assault charge cannot be proven in court, the murder charge fails.

The ongoing analysis is available here: https://lawofselfdefense.com/news-qa-ju ... rge-floyd/

[Flightmare]

Interesting legal opinion regarding the charges
https://www.youtube.com/watch?v=jHbO1wdhxqE

[WildBill]

If I understand correctly, if the D.A. overcharges intentionally or by being a overzealous idiot if they can't prove the charges then he walks, Correct?
If they charge him with 2nd degree murder but can only prove negligent homicide and then the jury aquits him then he walks with no punishment Right?

It will depend on the jury instructions the judge gives. Usually, all lesser included offenses can be charged. As I understand it, what Branca is saying is that the murder charged is based on an assault charge. If the assault charge cannot be proven in court, the murder charge fails.

The ongoing analysis is available here: https://lawofselfdefense.com/news-qa-ju ... rge-floyd/

That depends on state law. Lesser included offenses are allowed in Minnesota, but I think they have to be specifically listed on the indictment or complaint.
At least that is my understanding https://www.revisor.mn.gov/statutes/cite/631.14.
Here is a copy of the complaint filed: https://www.documentcloud.org/documents ... ocument/p2
I also assume that the complaint can be revised or replaced up until the beginning of a trial.
Disclaimer: IANAL

[Soccerdad1995]

I was actually curious about whether the charges against the other 3 officers are dependent on a successful prosecution of Chauvin. On the one hand, it makes sense that you can't aid and abet a murder if that murder did not happen. But would a jury deciding the case of another officer be bound by this factual determination of the Chauvin jury, or would they be free to make an independent factual determination of whether an underlying murder did or did not occur? This could obviously go both ways depending on whether the Chauvin jury decides that a murder occurred.

This assumes that there are separate trials for each of the four suspects who have been charged, which I would think is the only way to do it since the facts are different on what each individual did or did not do. For example, I am hearing that one of these guys tried to talk Mr. Chauvin out of killing Mr. Floyd.

It will also be interesting to see what, if any, laws are passed to close the gap between the difficulty of prosecuting a LEO who kills someone and prosecuting a non-LEO who kills someone.

[oljames3]

Branca's ongoing analysis is available for free at https://lawofselfdefense.com/george-floyd-files/.

[powerboatr]

a question of jury pool and juries ability to be non biased? how can he expect a non bias jury?

[oljames3]

Branca answers questions after Facbook LIVE videos on Tuesday, Wednesday, and Thursday. https://www.facebook.com/LawofSelfDefense/