Anonymous asked in Politics & GovernmentLaw & Ethics · 2 months ago

Why is the cop who killed George Floyd charged with 2nd degree murder and not 1st?

There is no difference between 1sr and 2nd degree murder outside of the maximum penalty.

Both carry life in prison.

But 1st degree carries it without parole or death.

To get a conviction on 2nd degree murder..

You actually have to prove MORE, than to get a conviction on 1st degree murder.

First of all, you have to prove every last bit of 1st degree murder, PLUS a mitigating circumstance.

There are no mitigating circumstances surrounding the murder of George Floyd.

The cop had his knee on Floyd's neck for over 8 minutes, to my knowledge..

Just seconds short of 9...

And even rejected a bullsh!t, unemotional suggestion to get off his neck, from his own coworkers.

And ignored the growing crowd.

12 Answers

  • 2 months ago

    While there was malice, there was no forethought (y'know "Next time I see George imma kill him!").  The prosecutors have to prove beyond a shadow of a doubt that the officer planned the death beforehand.

  • J
    Lv 5
    2 months ago

    In MN, 1st degree murder is a maximum of life without parole. 2nd degree murder has a maximum sentence of 40 years. First degree murder requires specific circumstances which aren’t required for 2nd degree. 

    Chauvin is being charged with 2nd degree felony murder. That means he caused a person’s death while committing a felony. Intent is not required, even though I believe there clearly was intent from watching the video. He committed felony assault and George Floyd died as a result of that felony. That’s 2nd degree murder. 

  • Clive
    Lv 7
    2 months ago

    Clearly you don't know what you're talking about.  Of course 1st degree murder is different or it wouldn't be a different offence.  It requires pre-planning.  2nd degree doesn't.

  • 2 months ago

    Largely because it would be almost impossible to prove premeditation (planning in advance).  

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  • Foofa
    Lv 7
    2 months ago

    Actually there IS a difference and that difference is premeditation. So unless you're suggesting that Officer Chauvin contrived to put George Floyd in that place at that time and then somehow made sure he was the one who got the could never prove a 1st degree charge. DAs have long since learned that overcharging usually results in acquittal. Also, Minnesota doesn't have the death penalty so it's not like Chauvin would be executed even if he were convicted of 1st degree murder. 

  • Anonymous
    2 months ago

    Plenty of people have gone over this already;

    1st degree murder have to prove intent to kill. You go to your ex wife's work and shoot her over the counter.

    2nd degree can involve various forms of neglect such as holding your buddy in a headlock too long when play wrestling.

  • 2 months ago

    Your understanding is wrong, there is different criteria for a final determination whether a murder was1st degree or 2nd degree and penalties are also different.

  • 2 months ago

    You apparently don't know what you're talking about. If you would have to prove elements of 1st degree murder to secure conviction for 2nd degree murder then why not just charge 1st and hope they can prove it? He originally was charged with 3rd degree murder. It was then enhanced to 2nd. There is absolutely no way, no how that the officer would be convicted of 1st degree murder. 1st degree would require premeditation. There is nobody that would ever believe the officer began his day contemplating killing Floyd specifically when he began his duties.

  • Toast
    Lv 7
    2 months ago

    I bet last month you knew more than anyone about Covid. 

  • geezer
    Lv 7
    2 months ago

    1st Degree Murder has to be proven to be ''Pre-meditated''.

    The cop did NOT ''plan in advance'' to kill someone.

    @ Andrew (comment)

    NO .. The cop did NOT ''go out that morning intending to kill someone''.

    He killed someone ''at that moment'' .. NOT ''planning to do it in advance''.

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