Thread by @kurteichenwald

To @VanJones68: This is a time you're wrong. Too often in these killings by cops, the cases are overcharged, which makes it very hard to prove the underlying elements of the charge. Minnesota splits 2nd degree murder and 1st degree manslaughter with 3d degree murder because.../1

...it eliminates an element of the crime from 2nd degree, which - in this case - would be very hard to prove.

For 2nd degree, prosecutors would have to prove that the cop fully intended the outcome of his act to be the death of George Floyd. In other words, he began his..../2

...his depraved act with the intent of Floyd being dead at the end. Proving that places all of the power into the lap of the defense - raise reasonable doubt about his intent, and he is not guilty. Or, they would have to prove that the cop was committing a felony by putting.../3

...his knee on Floyd's neck. That is not possible. All the cop has to do is say "I was acting to restrain as allowed and made a mistake."

But this CLEARLY wasn't manslaughter. It was murder. Which is why it is great that Minnesota has 3d degree murder..../4

...if you read the law, you see it rips away intent as an element of the crime, and doesnt make it accidental - it makes it the consequence of a an "eminently dangerous" act "evincing a depraved mind." His murder of Floyd fits perfectly with the language of 3d degree murder..../5

...i knew the MINUTE that George Zimmerman got charged that he was going to be acquitted. There was absolutely no question because, based on the language of Florida statutes, he had been overcharged and his defense would focus - as it did - on the elements of the charge that.../6

...the prosecution would be hard pressed to prove. Had Zimmerman been charged with the charge that fit the crime, he would have been convicted. I have no doubt. The trial became a morass about proving language of the charge, and that is where the state lost because.../7

...THEY have the burden of proof. Zimmerman did not. They had to PROVE that Zimmerman had the intent to kill an innocent man. The case fell apart on what Zimmerman intended. Florida law, in other words, sucks.

Minnesota captures the one element that's missing: depravity.../8

...what the cop was a dangerous act that evinced a depraved mind. The depravity is shown through the act itself - legal act, illegal act, it doesnt matter. The defense can't argue he didn't INTEND to kill him, because it is not an element of the charge. They cant argue that.../9

...putting the knee on his neck was not eminently dangerous, because then you have the statements of cops everywhere that this move is not allowed because of its danger....

...With this charge, this cop CAN be convicted. And get a sentence of 25 years. Better 25 years than another Zimmerman, an outcome predetermined by overcharging on the front end. This cop would have a million defenses by using the language of 2nd degree. With 3d? Prison.

fin