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f6gal
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« Reply #1 on: September 17, 2020, 02:35:40 PM » |
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I've said all along that the prosecutorial over-charge would be problematic. Chavin could be acquitted because of the over-charge... premeditation cannot be proved in this case.
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Patrick
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Largo Florida
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« Reply #2 on: September 17, 2020, 03:09:59 PM » |
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I agree.
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Willow
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Excessive comfort breeds weakness. PttP
Olathe, KS
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« Reply #3 on: September 17, 2020, 03:24:01 PM » |
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I've said all along that the prosecutorial over-charge would be problematic. Chavin could be acquitted because of the over-charge... premeditation cannot be proved in this case.
If he has a competent defense attorney they will have trouble even convicting him at all of killing Floyd. The argument can be made that the amount of drugs in him mixed with the situation resulted in his death.
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f6gal
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« Reply #4 on: September 17, 2020, 04:19:43 PM » |
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I've said all along that the prosecutorial over-charge would be problematic. Chavin could be acquitted because of the over-charge... premeditation cannot be proved in this case.
If he has a competent defense attorney they will have trouble even convicting him at all of killing Floyd. The argument can be made that the amount of drugs in him mixed with the situation resulted in his death. From my understanding, the charge was 1st degree murder. So, if they can't prove 1st degree, he walks. They are not even trying him for lesser homicide charges.
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Patrick
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« Reply #5 on: September 17, 2020, 04:37:59 PM » |
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I believe the charges are 2nd and 3rd degree murder as well as 2nd degree manslaughter.
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Serk
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« Reply #6 on: September 17, 2020, 04:47:52 PM » |
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I believe the charges are 2nd and 3rd degree murder as well as 2nd degree manslaughter.
Yup, they threw multiple charges at him hoping they'd get something to stick... https://abc7.com/george-floyd-derek-chauvin-death-minneapolis-officers/6234936/
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Never ask a geek 'Why?',just nod your head and slowly back away...  IBA# 22107 VRCC# 7976 VRCCDS# 226 1998 Valkyrie Standard 2008 Gold Wing Taxation is theft. μολὼν λαβέ
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f6gal
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« Reply #7 on: September 17, 2020, 04:52:43 PM » |
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I stand corrected. I would think, in today's environment, a jury trial would be ill advised.
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Serk
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« Reply #8 on: September 17, 2020, 04:58:39 PM » |
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I stand corrected. I would think, in today's environment, a jury trial would be ill advised.
No matter what they say, any juror will know their decision will lead to massive violence, riots, death and destruction if they don't convict him of something, justice be cursed. We're falling into mob rule very very quickly.
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Never ask a geek 'Why?',just nod your head and slowly back away...  IBA# 22107 VRCC# 7976 VRCCDS# 226 1998 Valkyrie Standard 2008 Gold Wing Taxation is theft. μολὼν λαβέ
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old2soon
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« Reply #9 on: September 17, 2020, 05:07:30 PM » |
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My thinkin here even had this come out immediately after g f death b l m would have Still found a reason-to them anywho-for the rioting looting fire setting murder-A K A anarchy. And now-well hellz bellz we duz Know. RIDE SAFE.
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Today is the tommorow you worried about yesterday. If at first you don't succeed screw it-save it for nite check. 1964 1968 U S Navy. Two cruises off Nam. VRCCDS0240 2012 GL1800 Gold Wing Motor Trike conversion
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Willow
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Excessive comfort breeds weakness. PttP
Olathe, KS
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« Reply #10 on: September 17, 2020, 05:15:09 PM » |
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Am I incorrect in thinking that in a jury trial the defense only needs to solidly convince one juror to stand on no guilt proven?
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Serk
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« Reply #11 on: September 17, 2020, 05:22:55 PM » |
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Am I incorrect in thinking that in a jury trial the defense only needs to solidly convince one juror to stand on no guilt proven?
For a criminal jury trial that is the case. But there's going to be a TON of pressure on those jurors to get a conviction or else.....
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Never ask a geek 'Why?',just nod your head and slowly back away...  IBA# 22107 VRCC# 7976 VRCCDS# 226 1998 Valkyrie Standard 2008 Gold Wing Taxation is theft. μολὼν λαβέ
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f6john
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Christ first and always
Richmond, Kentucky
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« Reply #12 on: September 17, 2020, 05:51:20 PM » |
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No Justice, No Peace. Now where have we heard that sentiment before.
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old2soon
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« Reply #13 on: September 17, 2020, 05:55:13 PM » |
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Am I incorrect in thinking that in a jury trial the defense only needs to solidly convince one juror to stand on no guilt proven?
ALL jurors have to be in agreement. Not just a majority as I understand it. But gotta agree with Serk here they-jurors-will be under tremendous pressure for a conviction. Should this in fact go to trial I M H O it do NOT look good fer the L E O there in mn. Don't the deez have control up there? Yeh sure-don't turn this political but haven't "they" already accomplished that? RIDE SAFE.
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Today is the tommorow you worried about yesterday. If at first you don't succeed screw it-save it for nite check. 1964 1968 U S Navy. Two cruises off Nam. VRCCDS0240 2012 GL1800 Gold Wing Motor Trike conversion
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Jess from VA
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« Reply #14 on: September 17, 2020, 06:43:44 PM » |
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Am I incorrect in thinking that in a jury trial the defense only needs to solidly convince one juror to stand on no guilt proven?
For a criminal jury trial that is the case. But there's going to be a TON of pressure on those jurors to get a conviction or else..... Good jurors (and citizens) must be selected and trained by prosecution, defense, and the judge to follow the rule of law in rendering a decision, and the court of public opinion be cursed. They may end up sequestered (probably a good thing too). At least that's what we all hope for in our judicial system. They let OJ go, and they knew he was guilty, but some had at least one reasonable doubt, so justice was done (for the system, not for his 2 victims).
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scooperhsd
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« Reply #15 on: September 17, 2020, 07:24:31 PM » |
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Am I incorrect in thinking that in a jury trial the defense only needs to solidly convince one juror to stand on no guilt proven?
For a criminal jury trial that is the case. But there's going to be a TON of pressure on those jurors to get a conviction or else..... Good jurors (and citizens) must be selected and trained by prosecution, defense, and the judge to follow the rule of law in rendering a decision, and the court of public opinion be cursed. They may end up sequestered (probably a good thing too). At least that's what we all hope for in our judicial system. They let OJ go, and they knew he was guilty, but some had at least one reasonable doubt, so justice was done (for the system, not for his 2 victims). You don't want me on a jury that is going to be sequestered. Just saying....
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Jess from VA
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« Reply #16 on: September 17, 2020, 07:49:15 PM » |
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Am I incorrect in thinking that in a jury trial the defense only needs to solidly convince one juror to stand on no guilt proven?
For a criminal jury trial that is the case. But there's going to be a TON of pressure on those jurors to get a conviction or else..... Good jurors (and citizens) must be selected and trained by prosecution, defense, and the judge to follow the rule of law in rendering a decision, and the court of public opinion be cursed. They may end up sequestered (probably a good thing too). At least that's what we all hope for in our judicial system. They let OJ go, and they knew he was guilty, but some had at least one reasonable doubt, so justice was done (for the system, not for his 2 victims). You don't want me on a jury that is going to be sequestered. Just saying....If roaming thugs begin to stake out your house (and family), you might change your mind on that. Especially when the city fathers and prosecutors all decide the thugs are mostly peaceful.
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cookiedough
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« Reply #17 on: September 17, 2020, 09:18:02 PM » |
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non-educated guess the cop will get jail time of some sort but no matter what he gets say 5-10 years tops maybe, will not be enough. The protestors in MN will riot no matter what sentence is given, even life in prison which doubt will happen. NO win-win situation at all.
I have no police training but why do I see all the time on the news the police putting knees to the people being arrested face/necks who are already in handcuffs behind their backs? Are they afraid they will somehow get up and run away or bite them? What about putting a knee to the middle or lower back instead or even shoulder blades, not the neck area?
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98valk
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« Reply #18 on: September 18, 2020, 05:15:45 AM » |
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non-educated guess the cop will get jail time of some sort but no matter what he gets say 5-10 years tops maybe, will not be enough. The protestors in MN will riot no matter what sentence is given, even life in prison which doubt will happen. NO win-win situation at all.
I have no police training but why do I see all the time on the news the police putting knees to the people being arrested face/necks who are already in handcuffs behind their backs? Are they afraid they will somehow get up and run away or bite them? What about putting a knee to the middle or lower back instead or even shoulder blades, not the neck area?
where the head goes the body goes.
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1998 Std/Tourer, 2007 DR200SE, 1981 CB900C 10speed 1973 Duster 340 4-speed rare A/C, 2001 F250 4x4 7.3L, 6sp
"Our Constitution was made only for a Moral and Religious people. It is wholly inadequate to the goverment of any other." John Adams 10/11/1798
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G-Man
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« Reply #19 on: September 18, 2020, 10:06:03 AM » |
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My friend Carey was a Black kid from the Bronx. His Dad was a mechanic which helped them move into the lower middle class. He went to public school, then on to State University that his family had to pay for because making lower class money back then was too much for grants and scholarships based on need. Good grades did eventually award him with a full scholarship to Harvard Law.
Carey practised business and corporate law for about 10 years and then eventually joined the governor's team to give back and help out his old community.
One late evening walking to their car, Carey and a firend were caught in the cross-fire of two Black gangs shooting it out for reasons we'll never know. Carey died a few days later due directly to the gun shot wounds he received that night.
No horse drawn casket. No riots. Brief mention in the news ONLY because he worked for the governor.
And now the country is bracing for the fallout of the outcome of a trial in which a drug addict who argued with, disobeyed, and resisted arrest with police officers, died while being restrained while intoxicated. And this will be the worst one yet.
(BTW just my observation...., the knee on the neck will be argued that the knee was just in place and that no force was being applied as Floyd was easily heard saying things over and over again. If he was actually being choked, he would not have been able to speak so clearly, if at all. Also, the posture of the cop leads me to believe very little force was being applied or he would have been leaning more forward than back. Had he been leaning more forward, he would have not been able to keep that hand in his pocket either.)
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f6gal
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« Reply #20 on: September 18, 2020, 11:01:31 AM » |
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(BTW just my observation...., the knee on the neck will be argued that the knee was just in place and that no force was being applied as Floyd was easily heard saying things over and over again. If he was actually being choked, he would not have been able to speak so clearly, if at all. Also, the posture of the cop leads me to believe very little force was being applied or he would have been leaning more forward than back. Had he been leaning more forward, he would have not been able to keep that hand in his pocket either.)
I agree wholeheartedly with G-Man. A person who can't breathe, can't speak either. The fact that Floyd was saying "I can't breathe," precludes that possibility.
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old2soon
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« Reply #21 on: September 18, 2020, 01:56:47 PM » |
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(BTW just my observation...., the knee on the neck will be argued that the knee was just in place and that no force was being applied as Floyd was easily heard saying things over and over again. If he was actually being choked, he would not have been able to speak so clearly, if at all. Also, the posture of the cop leads me to believe very little force was being applied or he would have been leaning more forward than back. Had he been leaning more forward, he would have not been able to keep that hand in his pocket either.)
I agree wholeheartedly with G-Man. A person who can't breathe, can't speak either. The fact that Floyd was saying "I can't breathe," precludes that possibility. I already KNOW this is not even close to reality But other "folks" heard something different. I have NO idea What they heard that was different Or their perceptions were skewed. But then again-what the heck duz I know?  RIDE SAFE.
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Today is the tommorow you worried about yesterday. If at first you don't succeed screw it-save it for nite check. 1964 1968 U S Navy. Two cruises off Nam. VRCCDS0240 2012 GL1800 Gold Wing Motor Trike conversion
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