Quote:
Originally Posted by MoneyGuy
If Trump orders the military into states and they go (I’d hope they’d refuse) and someone dies, I’d think they can add that to the long list of Trump crimes as I’m sure he’d be criminally culpable.
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This simply isn't how criminal law works. Not in America. Nor should it be.
Quote:
Originally Posted by DeluxeMoustache
You know, I originally was of the mindset that third degree was the most likely with which they could succeed, due to the challenge of establishing the intent
But when you have the guy down, knee on his neck, there is a crowd of bystanders saying you are going to kill him, he is saying he can’t breathe and is begging you not to kill him, and you keep your knee there not only until he is unresponsive, but for a long time after... well, at some point you made a go/no go decision that was lethal.
I definitely understand those that are disappointed and want to see a higher charge
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Based on the language of Minnesota's Criminal Code, I don't think the prosecution would have succeeded arguing a case for second degree murder. It would be near-impossible to prove intent beyond a reasonable doubt.
However, the prosecution has the power to change/amend the charges, all the way up to trial (and even during trial in some circumstances).
It's possible they were being conservative in their charges because the entire process was expedited. But with Keith Maurice Ellison leading the case, I don't think it would be difficult to add the second degree charge. If the right facts came up, it could be done (with the judge's approval).
With that said, I guarantee that this case will already have tons of conflict in evidence and rule 105 will be used extensively. There will likely be many instances where the probative value of the evidence is substantially outweighed by prejudice. Hearsay is likely to be an issue as well.
It'll be interesting.