The Demonstrations in Minnesota (Update: Now Nationwide){Now International} (8 Viewers)

[St. Widge]

Is "Depraved indifference" a thing in Minn?
If that's the rationale behind the 3rd-degree charge, so be it I guess.

So apparently this is the applicable 3rd degree murder statute in Minnesota:


Third-degree murder in Minnesota is causing someone’s death by one of two ways:

• A depraved heart or mind murder, which places others in eminent danger of death and disregarding human life (such as shooting a gun into a crowd for fun, but not intending to kill anyone)

So their term of art is "depraved heart" which is probably similar to depraved indifference, but it will be interpreted in case law as to the specifics.

What I don't know is if Minnesota allows convictions for lesser included offenses. In most places, a DA files the highest possible charge and then at trial the Judge instructs the jury that they can either convict of the charge or of any lesser included charge. So, for example, if they charge murder, the jury can convict for manslaughter. But, I don't know if Minnesota allows convictions for lesser included charges.

 

[DaveXA]

So apparently this is the applicable 3rd degree murder statute in Minnesota:


Third-degree murder in Minnesota is causing someone’s death by one of two ways:

• A depraved heart or mind murder, which places others in eminent danger of death and disregarding human life (such as shooting a gun into a crowd for fun, but not intending to kill anyone)

So their term of art is "depraved heart" which is probably similar to depraved indifference, but it will be interpreted in case law as to the specifics.

What I don't know is if Minnesota allows convictions for lesser included offenses. In most places, a DA files the highest possible charge and then at trial the Judge instructs the jury that they can either convict of the charge or of any lesser included charge. So, for example, if they charge murder, the jury can convict for manslaughter. But, I don't know if Minnesota allows convictions for lesser included charges.

Exactly, if they don't allow convictions for lesser charges, the DA or prosecuting attorney is going to have to carefully weigh his/her options because overcharging can and will result in an acquittal with no further course of remedy. But as you stated, I have no idea whether that's the case in Minnesota. Maybe Chuck or st dude can chime in and confirm one way or the other.

The fallback is that the Feds can step in and file their own charges. Hopefully there is something they can do to make sure he stays in prison for a long, long time.

 

[Superfan]

This is not racism. This is a stupid cop who is going to jail for life for murder. Please stop believing these extremist media spin jobs. Election year creating a crisis.

 

[Taurus]

Wait, wait, they reached out to this Administration for help catching white supremacists?
May as well ask the KKK.

 

[DaveXA]

Wait, wait, they reached out to this Administration for help catching white supremacists?
May as well ask the KKK.

Yeah, I'll just say I'll believe it when I see it.

 

[guidomerkinsrules]

This is not racism.

please demonstrate how you are qualified to make this statement

 

[bclemms]

Haha.

Joke's on you, there's like 4 black people in Austin. I just gotta avoid pissing off the hispanics and I'm good.

Them 4 black fold getting it done in Austin.

 

[AARPSaint]

So apparently this is the applicable 3rd degree murder statute in Minnesota:


Third-degree murder in Minnesota is causing someone’s death by one of two ways:

• A depraved heart or mind murder, which places others in eminent danger of death and disregarding human life (such as shooting a gun into a crowd for fun, but not intending to kill anyone)

So their term of art is "depraved heart" which is probably similar to depraved indifference, but it will be interpreted in case law as to the specifics.

What I don't know is if Minnesota allows convictions for lesser included offenses. In most places, a DA files the highest possible charge and then at trial the Judge instructs the jury that they can either convict of the charge or of any lesser included charge. So, for example, if they charge murder, the jury can convict for manslaughter. But, I don't know if Minnesota allows convictions for lesser included charges.

That was my question as well--whether they have a lesser included charges statute. I hope not because that makes it hard to justify the wimpy charges. The only other thing I can think of is that they are counting on more severe charges to come from the Feds. Still, 3rd degree murder and manslaughter...

 

[guidomerkinsrules]

Wait, wait, they reached out to this Administration for help catching white supremacists?
May as well ask the KKK.

there was a reason why Nick Nolte got Reggie Hammond's help in 48 hours

 

[bclemms]

This is not racism. This is a stupid cop who is going to jail for life for murder. Please stop believing these extremist media spin jobs. Election year creating a crisis.

Attorney General and Governor of Minnesota along with the Mayor of Minneapolis call a press conference and say it's extremist groups causing the violence.


You: That damn media!

 

[DaveXA]

This is not racism. This is a stupid cop who is going to jail for life for murder. Please stop believing these extremist media spin jobs. Election year creating a crisis.

Fwiw, the current highest charge, max penalty is 25 years in prison, so no, not life for murder as it stands currently.

At the very least, it might or might not be racism involved, but watching that video, I can't imagine someone not thinking it might be a racist thing unless you're being willfully dishonest.

 

[guidomerkinsrules]

 

[AARPSaint]

Attorney General and Governor of Minnesota along with the Mayor of Minneapolis call a press conference and say it's extremist groups causing the violence.


You: That damn media!

Yes, that whole news conference centered around the outsiders coming in to pollute the protests. This kind of tactic is all new to me, and it's unbelievably pernicious. I can't wait to see what these arrestees have to say. In the old days, as someone pointed out, the "outside agitators" were supporting the protests.

What also bothers me is that I saw so many whites were participating, and my initial thought was: wow, that's a good thing. But now I am beginning to think: were they really protesting, or were they actually trying to turn the protests violent for insidious purposes? I want to believe that they were supporting the protests, but I am becoming suspicious. Think about that white guy with the skateboard bashing holes in the window at CNN in Atlanta. Was he a protester or an agent provacateur? I'm not accusing, just wondering.

It seems as though nothing is actually the way it seems to be these days.

 

[FootballLady]

Yes, that whole news conference centered around the outsiders coming in to pollute the protests. This kind of tactic is all new to me, and it's unbelievably pernicious. I can't wait to see what these arrestees have to say. In the old days, as someone pointed out, the "outside agitators" were supporting the protests.

What also bothers me is that I saw so many whites were participating, and my initial thought was: wow, that's a good thing. But now I am beginning to think: were they really protesting, or were they actually trying to turn the protests violent for insidious purposes? I want to believe that they were supporting the protests, but I am becoming suspicious. Think about that white guy with the skateboard bashing holes in the window at CNN in Atlanta. Was he a protester or an agent provacateur? I'm not accusing, just wondering.

It seems as though nothing is actually the way it seems to be these days.

Your last point is exactly why I told my older children (we are Hispanic) that when we attend the protest this evening that it is imperative to let the black organizers lead. Our role in this is to follow their lead.

 

[DaveXA]

Yes, that whole news conference centered around the outsiders coming in to pollute the protests. This kind of tactic is all new to me, and it's unbelievably pernicious. I can't wait to see what these arrestees have to say. In the old days, as someone pointed out, the "outside agitators" were supporting the protests.

What also bothers me is that I saw so many whites were participating, and my initial thought was: wow, that's a good thing. But now I am beginning to think: were they really protesting, or were they actually trying to turn the protests violent for insidious purposes? I want to believe that they were supporting the protests, but I am becoming suspicious. Think about that white guy with the skateboard bashing holes in the window at CNN in Atlanta. Was he a protester or an agent provacateur? I'm not accusing, just wondering.

It seems as though nothing is actually the way it seems to be these days.

I get the cynicism, but I do believe a lot of the white protesters were there for genuine reasons.

That said, i absolutely believe there were some who where there for the sole purpose of fomenting chaos and anarchy. I just hope the authorities can figure out who the real troublemakers are and remove them from the equation. Easier said than done though.