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Old 04-03-2021, 09:54 AM
 
Location: az
13,692 posts, read 7,979,859 times
Reputation: 9383

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Quote:
Originally Posted by DKM View Post
OK I've looked at all sides of this pretty hard and I've come to give my opinion. He committed manslaughter under MN law and should receive an appropriate sentence. This wasn't murder, but this wasn't justified force either.
Of course it wasn't murder. It was gross negligence but this doesn't matter. The narrative has been set: Chauvin deliberately murdered Floyd.

When a verdict is announced there will be looting regardless of outcome. It became clear last summer that some police departments prefer officers stand down as opposed to actively attempting to stop the looting or destruction of property.

On the other hand if the verdict is seen as a Chauvin having gotten away with killing Floyd... watch as the inner cities explode.

Again the narrative has been set and either the jury agrees with said narrative or we'll see mob rule.

I recall telling a co-working that Michael Brown wasn't executed. That Eric Holder exonerated the officer. Didn’t matter. In his eyes M. Brown had been murdered. End of story

In a speech in Washington, Attorney General Eric Holder concluded, “Michael Brown’s death, though a tragedy, did not involve prosecutable conduct on the part of Officer Wilson.” Holder said that the decision “represents the sound, considered and independent judgment of the expert career prosecutors,” and that he concurred.

 
Old 04-03-2021, 09:58 AM
 
Location: Midwest
38,496 posts, read 25,805,850 times
Reputation: 10789
Quote:
Originally Posted by MJJersey View Post
If your trachea is being crushed you won’t be able to breathe or talk because air cannot be exchanged through the windpipe. If you have some other condition like a heart attack you feel like you can’t breathe but you can still talk and move air. I think Floyd felt like he couldn’t breathe because he had COVID and drugs that prevented his blood from picking up the oxygen from his lungs. So, he felt like he was choking even though he could still talk and move air. It looked like Chauvin was choking him but that wasn’t actually the case.
Chauvin could not breath because the external pressure would not allow him to take a deep enough breath to reach the lungs/alveoli. Floyd could pull in just enough air (which required the last bit of energy he had due to lack of oxygen in his blood stream) to beg Chauvin to let him breathe.

refer to post #1153
 
Old 04-03-2021, 10:05 AM
 
728 posts, read 302,812 times
Reputation: 521
Quote:
Originally Posted by DKM View Post
OK I've looked at all sides of this pretty hard and I've come to give my opinion. He committed manslaughter under MN law and should receive an appropriate sentence. This wasn't murder, but this wasn't justified force either.

If you resist arrest and refuse to get into a cop car, whacking you on the head with a nightstick is not justified? If your head cracked and you died, it would be your fault.

You obviously have not been brought up right by a father who doesn't take nonsense from a bratty kid.
 
Old 04-03-2021, 10:11 AM
 
9,434 posts, read 4,250,153 times
Reputation: 7018
Quote:
Originally Posted by Chenping View Post
If you resist arrest and refuse to get into a cop car, whacking you on the head with a nightstick is not justified? If your head cracked and you died, it would be your fault.

You obviously have not been brought up right by a father who doesn't take nonsense from a bratty kid.
Don't think being wacked in the head with a nightstick for being bratty is the way fathers should discipline these days. Good way to get a visit from child protective services and mandatory parenting classes. You are out of touch with what is acceptable and lawful. That may be your disconnect with this trial.
 
Old 04-03-2021, 10:18 AM
 
929 posts, read 303,963 times
Reputation: 609
Quote:
Originally Posted by Chenping View Post
If you resist arrest and refuse to get into a cop car, whacking you on the head with a nightstick is not justified? If your head cracked and you died, it would be your fault.

You obviously have not been brought up right by a father who doesn't take nonsense from a bratty kid.
I might add that I myself grew up and worked in some pretty rough areas. However along the way it was understood that if you did something considered wrong , and were taken into custody by the Police, if you resisted , you got beat. If you resisted the Corrections Officer that did your cavity search, you were beat. It had nothing to do with your race, ethnicity or even gender.

Of course it wasn’t right, and should not have been that way. However for what it is worth, it was a lesson learned for many, and that had an enormous influence on future behavior of some individuals.

And that concept was extended into the Public Schools. I will never forget standing in the hallway in High School, watching a less than 5 foot tall African American teacher with a pointer in her hand , kicking in the door of the boys room after smelling smoke. She cleaned that place out of smokers, who resisted her commands, smacking them with the pointer as they ran out.

No one filed a lawsuit. No parents barraged the Principal. We all went back to class and that Boys Room never became a safe haven for smokers.

And I wouldn’t have had it any other way.
 
Old 04-03-2021, 10:20 AM
 
9,434 posts, read 4,250,153 times
Reputation: 7018
Quote:
Originally Posted by Speegleagle View Post
I might add that I myself grew up and worked in some pretty rough areas. However along the way it was understood that if you did something considered wrong , and were taken into custody by the Police, if you resisted , you got beat. If you resisted the Corrections Officer that did your cavity search, you were beat. It had nothing to do with your race, ethnicity or even gender.

Of course it wasn’t right, and should not have been that way. However for what it is worth, it was a lesson learned for many, and that had an enormous influence on future behavior of some individuals.

And that concept was extended into the Public Schools. I will never forget standing in the hallway in High School, watching a less than 5 foot tall African American teacher with a pointer in her hand , kicking in the door of the boys room after smelling smoke. She cleaned that place out of smokers, who resisted her commands, smacking them with the pointer as they ran out.

No one filed a lawsuit. No parents barraged the Principal. We all went back to class and that Boys Room never became a safe haven for smokers.

And I wouldn’t have had it any other way.
But as you know. That is not the world we live in today and the trial is taking place in today's time, not when you walked uphill to school both ways.
 
Old 04-03-2021, 10:26 AM
 
929 posts, read 303,963 times
Reputation: 609
Quote:
Originally Posted by foodyum View Post
But as you know. That is not the world we live in today and the trial is taking place in today's time, not when you walked uphill to school both ways.
Hey, don’t forget I used to walk barefoot !

“ that’s not the world we live in today”

And that’s part of the problem.

Let me tell you another , about one of my Coaches. We we sitting in the locker room after the game.
All of a sudden the door opened to the Coaches private office, and he started firing a Starter’s Pistol at us.

All of us were laughing as we fell on the floor off the benches. He didn’t lose his job. There weren’t any rallies. He wasn’t shamed. No parents demanded he be fired. As I recall, my parents thought it was pretty amusing when I told them.
 
Old 04-03-2021, 10:36 AM
 
728 posts, read 302,812 times
Reputation: 521
Quote:
Originally Posted by foodyum View Post
Don't think being wacked in the head with a nightstick for being bratty is the way fathers should discipline these days. Good way to get a visit from child protective services and mandatory parenting classes. You are out of touch with what is acceptable and lawful. That may be your disconnect with this trial.

The trial is not over yet. I am disconnected with the your permissiveness towards felons and distaste for cops enforcing law and order.

Floyd was restrained after he wriggled out of the cop car. When the cops felt that Floyd might be in distress, they called for an ambulance. Floyd was held down till the medics arrived. The crowd gathering around the scene were heckling and distracting the cops. They were the ones guilty of contributing to Floyd's death.
 
Old 04-03-2021, 10:36 AM
 
Location: az
13,692 posts, read 7,979,859 times
Reputation: 9383
Quote:
Originally Posted by jojajn View Post
Chauvin is guilty of being dumber than the law allows! I'll give you that. You may want to watch the video again because they are begging Chauvin to check a pulse. Chauvin just stares at them.
We hear a black man (also seen at that trial) as well as a woman (fire fighter) shouting to check Floyd as Chauvin looks up. Chauvin isn't required to listen to a crowd. The other officer we see appears concerned with keeping the crowd back. Chauvin had 19 years on the force and aware of what happens when a crowd gets out of control.

Now this doesn't excuse the excessive use of force. However, Floyd was a big man, acting erratic and had refused to get into a police car. Chauvin had ever right to keep him under control but Floyd was on the ground and handcuffed at that point.

Yes, Chauvin killed Floyd but in no way did he deliberately murder him.
 
Old 04-03-2021, 10:44 AM
 
Location: *
13,242 posts, read 4,921,040 times
Reputation: 3461
Quote:
Originally Posted by jojajn View Post
Well a life was taken. So there's that.
Yes. This is the underlying reason why the Justice Department files the federal charge of "deprivation of civil rights under color of law".

In the current case, & in other words, George Floyd's life mattered.

Quote:
42 U.S.C. §1983

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
The Fourth Amendment as a basis of civil rights liability:

Quote:
  • Violations of the Fourth Amendment create civil rights liability under 42 U.S.C. section 1983.
  • The Fourth Amendment prohibits illegal searches of persons, residences and buildings, as well as illegal arrests or “unreasonable seizures” (excessive force).
Quote:
The use of force during an arrest, an investigatory stop, or any other “seizure” of a person’s liberty is analyzed under the Fourth Amendment and may be actionable under 42 U.S.C. section 1983.

The Supreme Court held in Graham v. Connor 490 U.S. 386 (1989), that uses of force should be evaluated from the standpoint of “objective reasonableness.” In Graham, the court held that as to evaluating uses of force there is no one generic standard for all violation of civil rights claims.
The basis of Federal Court Jurisdiction:

Quote:
28 U.S.C §1343(a)(3)

(a) The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person: . . .

(3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States; . . .
Much more relevant information here:

https://www.cacities.org/Resources-D...sive-Forc.aspx
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