actions were exceptionally brutal or malicious. 3. Third Degree Murder is similar to manslaughter, however the defendant commits an act “evincing a depraved mind without regard for human life.” This charge carries a 25 year sentence.
George Floyd – The Legal Story Aadam Hashmi
On May 5th, 2020, an African American man named George Floyd was murdered by Minneapolis police after a store clerk suspected that he might have used a forged $20 bill. Clearly the response by the police to the supposed crime, was disproportionate, and ethically it is understood that what Derek Chauvin did (the man who knelt on George Floyd’s neck for 9 minutes and 29 seconds, causing his death), was a result of institutionalised racism and unnecessary violence. However, what was the resulting legal case that arose from this tragedy? Derek Chauvin was initially charged on three accounts, second degree and third-degree murder as well as second degree manslaughter. What does this mean? 1. Second Degree Manslaughter is broadly defined as the reckless, or unintentional killing of a person without lawful justification. (Manslaughter can be voluntary or involuntary, for example if someone driving a car hits someone because they did not see them it is involuntary however if someone kills someone because they punched them without the intent to kill then it is voluntary). The sentence is no more than ten years imprisonment and a fine of up to $20,000. 2. Second Degree Murder is any intentional murder with malice aforethought but is not premediated nor planned. The sentence can be up to life imprisonment. A judge will increase the years if the defendant’s
There was some outcry as to why Chauvin was not charged with first degree murder given the deliberate, depraved intent of his actions. However there simply was not enough evidence to say that Chauvin had planned the murder beforehand, though some argued that Chauvin had ample time to remove his knee from Floyd’s neck, and did not despite Floyd telling him that he could not breathe. The primary pieces of evidence in the case were the footage, filmed by bystanders of George Floyd being choked and an autopsy report which concluded that he had died of asphyxia from the pressure applied by Chauvin to Floyd’s neck and back. However, the initial autopsy report found that the cause of Floyd’s death was heart failure. Naturally, this formed a part of the defence. Moreover, a toxicology report also provided some degree of defence for Chauvin. Eric Nelson, the defence attorney told the jury that, “The evidence will show that Mr. Floyd died of a cardiac arrhythmia that occurred as a result of hypertension, his coronary disease, ingestion of methamphetamine and fentanyl, and the adrenaline flowing through his body.” The general consensus in spite of this was clear. Despite the substances found in his body at the time of death, Floyd’s death was due to asphyxia and was indeed a homicide. Two different medical examiners corroborated this. One who was hired from George Floyd’s family and one who was from the Hennepin County Medical Examiner’s office.
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