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Posted by on April 4, 2021. Filed under PETS—POLITICS. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry
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Cherries
Cherries
7 months ago

These arguments are rather convoluted and I don’t understand them. I just see a handcuffed helpless man on the ground with a policeman kneeling on his neck until he couldn’t breathe resulting in his death.

Bill Formby
Bill Formby
7 months ago

Glenn, In response to your initial question the handyman would be charged with murder under the felony murder rule. That rule holds that if a person initiates a felony and during that felony someone dies, the perpetrator can be found guilty of murder. This applies even if the person who dies is a co-defendant in the crime. For example, if A and B jointly are robbing a store and B is killed by the police, A can be charged with his death. If the person being robbed dies of a heart attack, A can be charged under the felony murder rule. In most states, the only requirement is that the death occurs during the commission of a felony or in the process of escaping even if the perpetrator does not actually kill the victim.

Michael John Scott
Reply to  Bill Formby
7 months ago

You said it much better than I did. I tend to get tied up in minutiae.

Glenn Geist
8 months ago

Just a question – I was once called to be on a jury where the victim’s former handyman pulled a gun on him and demanded money. The man was in his 80s and had a heart condition. He had a heart attack and died. Was that murder?

No, I don’t know how it came out – I was excused because I knew the victim.

Michael John Scott
Reply to  Glenn Geist
7 months ago

Any secondary action or result, stemming from one primary action can be a contributing factor (contributing or aiding an activity or process). The fact is the handyman, however, was in the process of committing a crime at the time of the event, and it’s likely a contributing cause to the event itself. Given these facts, the handyman could indeed be charged with murder. This is unlike the Chauvin case, as he was not committing a crime at the time of Floyd’s death, at least not consciously, so Floyd’s death, while likely the result of Chauvin’s actions, did not happen during the commission of a crime, but could be considered reckless endangerment, or manslaughter. And yes, I know that is arguable which is why the argument is taking place in Carver County, Minnesota. I hope I didn’t go too far into the weeds here, but the deciding factor is “crime.” The handyman was committing a felony at the time of the victim’s death, whereas Derek Chauvin was acting under color of authority, without intent, or so the defense will argue.

Bill Formby
Bill Formby
8 months ago

That seems to be a contribution to death among African American males.

Michael John Scott
Reply to  Bill Formby
8 months ago

Well, in reality far, far more white people are killed at the hands of police, even taking into consideration the population differences.

Glenn Geist
Reply to  Michael John Scott
8 months ago

Do we see things as they are or as we’re directed to by self-appointed groups? All lives matter as much as all other lives.