Minnesota, like most states, has a drug-induced homicide statute. Originally intended as a tool to prosecute drug dealers, they are now used almost exclusively to prosecute family members, friends and acquaintances of people who die of drug overdoses.
However, the prosecution of Caleb Smith, a young White man, drew some attention. Mr. Smith facing 20 years in prison after giving his girlfriend fentanyl contained in an adderil pill, killed himself.
The defense strategy in the Derek Chauvin trial is to force Mr. Hall to testify, where he has indicated he will take the 5th.
Exercising your 5th amendment privilege against self-incrimination does not indicate guilt. You are not compelled to be a witness against yourself.
But the defense knows this is about optics.
The jurors don't understand why a witness is taking the 5th and most media don't understand how a drug-induced homicide charge is different from an ordinary murder charge.
It's a way of painting Mr. Hall as a bad guy. We don't know the relationship between Mr. Hall and Mr. Floyd, but the defense's strategy is clear - it's another attempt to put George Floyd's character on trial.
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This is the @CNN article that @TomCottonAR tweeted with his statement that the US has an under-incarceration problem.
Problem is the entire article is based on statistics from a study by the MCCA, an organization made up of the heads of police departments.cnn.com/2021/04/03/us/…
MCCA is cited as the source of the report at the end of the article's second paragraph, but it's not made clear that it is a police organization.
And the rest of the article reports all the statistics as if they are objective fact.
One of the most important things you want to do is have friends and family attend court for your client.
Here, because access to the courtroom is restricted, Chauvin's lawyer had to know no one was going to be showing up, so it seems a significant oversight.
It may be less important for a White former cop in front of a majority-White jury, but when you are representing a Black or Brown person in front of a majority-White jury, you are already starting from a position where you have to overcome all the usual racist tropes.
This is a momentous decision, but California has not abolished cash bail.
Although there is a presumption of release, people can still have bail set that will hold them in jail if a court decides they are a flight risk or a risk to public safety.
California Public Defenders Association President, Jennifer Friedman, makes this point, saying the court, "failed to clearly describe the limited category of individuals who may be detained."
Sadly in situations like this: where reform comes with vaguely-defined exceptions, or where discretion is given to judges, the result can often be a continuation of the status quo - which, in this case, means poor Black and Brown people will continue to be held in jail pre-trial.
BREAKING: The Daily Mail has been denied press credentials for the Derek Chauvin trial after a court found they published stolen police body camera footage of George Floyd's death last year.
The court said it was unclear if they stole the footage themselves, but a minimum they paid for footage that was clearly stolen.
The court decision is scathing.
“This Court assumes that the Daily Mail paid for the stolen video footage. The Court is therefore confident that the Daily Mail can pay to obtain the trial exhibits associated with this case."
I feel very conflicted about words like "caged" and "bodies" because my first experience of them being used in the criminal legal system was by court and corrections officers.
In the courtroom, when a person who is incarcerated is being brought up from the holding cells, the court sergeant or even the judge will refer to the person as a "body," as in "another body coming up" or "can we bring up another body." It's completely dehumanizing.