Awaiting Verdict For Derek Chauvin In the Death Of George Floyd

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#61

I think one of the NYT bloggers yesterday mentioned that the maximum penalty for each charge might be increased, due to the extenuating circumstance of the 9 year-old kid on the sidewalk who witnessed Floyd’s death. I don’t recall the exact term for that, but apparently it kicks in with minors involved as witnesses to a murder. I guess that doesn’t kick in if it’s only the manslaughter charge.

Yesterday after the jury was sequestered, there was an interaction with the judge where Chauvin had the option of letting that decision be up to a jury, or up to a a judge. IIRC, he chose the judge. Probably a smart move.

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#62

Seriously doubt the judge would allow a mere 10 hours of deliberation to count for a hung-jury. He would direct them to try again, at least once.

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#63

It would take forever to get permission from AntiFa headquarters.

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#64

I’m on ET here in Detroit

#65

Convict on 2nd degree murder would be appropriate.

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#66

Tucker sez that they’re located in the CNN bldg., so…

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#67

They just mentioned the extenuating circumstance on the NYT blog, it’s why the State is asking for an “upward sentencing departure” and apparently that can even apply to the lesser manslaughter charge. Here’s the quote from today’s blog:

Mr. Chauvin is also charged with second-degree manslaughter, which carries a maximum sentence of 10 years, but under the guidelines he would most likely be sentenced to four years. But the state has asked for a higher sentence — what is known as an “upward sentencing departure” — citing aggravating factors including, the state has said in court filings, that the killing of Mr. Floyd happened in the presence of children, that Mr. Floyd was treated with “particular cruelty” by Mr. Chauvin, and that Mr. Chauvin, as a police officer, “abused his position of authority.”

Mr. Chauvin had the option of having the jury rule on the aggravating factors or putting it in the hands of Judge Cahill. At the end of closing arguments on Monday, Mr. Chauvin waived his right to have the jury decide, putting the decision on sentencing solely in the hands of Judge Cahill.

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#68

The Jury announcement was for a verdict. That should mean they’ve reached a verdict

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#69

O I’m pretty optimistic since they came back this fast.

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#70

Mr. Chauvin’s dread level must be sky high … it should be.

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#71

Aggravating factor.

Opposite of extenuating.

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#72

I don’t think this is correct. Murder 2 is unintentional death while doing another felony. Murder 3 is unintentional death via an act that is eminently dangerous to other persons while exhibiting a depraved mind, and with reckless disregard for human life. Manslaughter 2 is unintentional death by culpable negligence creating an unreasonable risk and consciously taking the chance of causing death or great bodily harm. They do not seem to be mutually exclusive at all.

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#73

Two seasoned criminal defense attys tell me that generally speaking a fast verdict goes with a guilty verdict

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#74

I suspect that sociopaths don’t get too excited.

#75

Right you are, thanks for the correction.

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#76

I was already feeling relatively confident…but the quick return makes me even more sanguine.

I think the prosecution did a bang up job.

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#77

That’s been my experience.

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#78

Saw this thread while cutting onions. Gotta stop that…

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#79

I trust the jury had good instructions.

#80

Chauvin supporters? Do you mean Chauvinists? (Too late to stop me if you heard that one before!)

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