ADVERTISEMENT

"What was he doing wrong?"

Lets say this gets decided around the end of October and Ellison cant get murder 2 to stick so the cop is found not guilty. What happens next?
 
Election. A fired up base is a good thing for the democratic party and its not like the AG would take the blame of the cop gets off.

So you’re hoping the cop walks free so that Biden has a “fired up base” in October? At least you’re not pretending to really care about this case anymore, it’s all noise in the middle of your partisan funhouse of delusion
 
So you’re hoping the cop walks free so that Biden has a “fired up base” in October? At least you’re not pretending to really care about this case anymore, it’s all noise in the middle of your partisan funhouse of delusion
No. I'm teasing crazyhole with a sneak peek at a conspiracy theory that he'll love in 4 months.
 
Why?

Second degree murder is generally defined as intentional murder that lacks premeditation, is intended to only cause bodily harm, and demonstrates an extreme indifference to human life.

That doesn't fit this case??!?
it will be harder to convict on murder 2 than murder 3. i think murder 3 is basically open and shut case. murder 2 will be harder to get. no one want this guy to get off, so why go with the charge that will be harder to get?
 
it will be harder to convict on murder 2 than murder 3. i think murder 3 is basically open and shut case. murder 2 will be harder to get. no one want this guy to get off, so why go with the charge that will be harder to get?

"Richard Frase, a criminal law professor at the University of Minnesota Law School, said that while the second-degree murder upgrade comes with a longer recommended sentence, it is easier to prove.

"Second-degree felony murder is an even lower standard than third-degree murder," he said.

It does not require proof of intent to kill but rather proof of intent to assault someone. That intent triggers a cascade that, if death results, means the assailant can be culpable of murder, Frase said."
"The only intent you have to show is an intent to cause bodily harm," he said. "They don't have to show extreme recklessness as to death."

He used a bar fight as an example. If someone takes an unprovoked swing at another person, that could be misdemeanor assault. If the victim falls and is injured, that could be felony assault. If the person ends up dying, that could be second-degree murder — without the intent to commit murder.

https://www.nbcnews.com/news/us-new...against-officer-george-floyd-s-death-n1218856
 
"Richard Frase, a criminal law professor at the University of Minnesota Law School, said that while the second-degree murder upgrade comes with a longer recommended sentence, it is easier to prove.

"Second-degree felony murder is an even lower standard than third-degree murder," he said.

It does not require proof of intent to kill but rather proof of intent to assault someone. That intent triggers a cascade that, if death results, means the assailant can be culpable of murder, Frase said."
"The only intent you have to show is an intent to cause bodily harm," he said. "They don't have to show extreme recklessness as to death."

He used a bar fight as an example. If someone takes an unprovoked swing at another person, that could be misdemeanor assault. If the victim falls and is injured, that could be felony assault. If the person ends up dying, that could be second-degree murder — without the intent to commit murder.

https://www.nbcnews.com/news/us-new...against-officer-george-floyd-s-death-n1218856
interesting. i saw alot of cops talking about how they didnt like the move to murder 2 because it would be harder to prove and thus easier for him to get off. that might be the case in most states but maybe not minnesota. honestly i dont want him in jail, i want him hanging from a rope.
 
  • Like
Reactions: Crazyhole
Election. A fired up base is a good thing for the democratic party and its not like the AG would take the blame of the cop gets off.

I dont think it would help or hurt either party substantially. If he gets off, Trump can just come out and say that the FBI isn't going to fail at their job like the guy who was almost the DNC chairman. I think if he rolls some tanks and military vehicles through city streets it would hurt him more than the cop getting off.
 
"Richard Frase, a criminal law professor at the University of Minnesota Law School, said that while the second-degree murder upgrade comes with a longer recommended sentence, it is easier to prove.

"Second-degree felony murder is an even lower standard than third-degree murder," he said.

It does not require proof of intent to kill but rather proof of intent to assault someone. That intent triggers a cascade that, if death results, means the assailant can be culpable of murder, Frase said."
"The only intent you have to show is an intent to cause bodily harm," he said. "They don't have to show extreme recklessness as to death."

He used a bar fight as an example. If someone takes an unprovoked swing at another person, that could be misdemeanor assault. If the victim falls and is injured, that could be felony assault. If the person ends up dying, that could be second-degree murder — without the intent to commit murder.

https://www.nbcnews.com/news/us-new...against-officer-george-floyd-s-death-n1218856
From what I've read from other legal scholars, the reason that could be second degree murder is because the felony was aggravated assault that caused the murder. But that statute would've been designed for things more in line with armed robbery and the like. The police officers will detail out their rationale for restraining him and it will be hard to make it stick that them doing their job is a felony in and of itself. Now, if they aren't justified in restraining him, then that opens up the requisite felony, which is why I said that this is going to move from an intentional knee to the neck killing to a justification for restraint. IMO, Ellison has a tough path on the murder 2 charge but he had no path on the murder 3 charge so that's why he elevated.
 
From what I've read from other legal scholars, the reason that could be second degree murder is because the felony was aggravated assault that caused the murder. But that statute would've been designed for things more in line with armed robbery and the like. The police officers will detail out their rationale for restraining him and it will be hard to make it stick that them doing their job is a felony in and of itself. Now, if they aren't justified in restraining him, then that opens up the requisite felony, which is why I said that this is going to move from an intentional knee to the neck killing to a justification for restraint. IMO, Ellison has a tough path on the murder 2 charge but he had no path on the murder 3 charge so that's why he elevated.
You're probably right. I still think he gets off of both charges, but the prosecution has sentiment on their side so go with the acting recklessly angle and keep the scope of their case as small as possible. Get LEO experts to come in and testify on the appropriate ways to subdue a perp. Show the video as often as possible.
 
You're probably right. I still think he gets off of both charges, but the prosecution has sentiment on their side so go with the acting recklessly angle and keep the scope of their case as small as possible. Get LEO experts to come in and testify on the appropriate ways to subdue a perp. Show the video as often as possible.
I would think Ellison will indeed try to do that. I haven't surveyed them, but I have heard that there are a lot of police departments that have vascular restraints in the neck area on the list of approved techniques. Many of them are using the arms, but the pressure is the same. As such, the defense is going to bring that to light as well. How the jury, or a judge if the officers request a bench trial like the Baltimore officers did, will take it is anyone's guess. I'm guessing the officers will request a bench trial as the judge will consider the law and things like following policy and policies and procedures being within the norm may/should carry more weight with a judge than a jury.

The result of this being exposed at the trial, and more the civil settlement, will probably inspire the global changes in policies against any neck-targeted restraint. Which is probably good but also removes another technique in between nothing and a firearm.
 
Did not want to see UCF trending during a time like this...
Sadly, I agree. This is a tough one.

The notion of free speech and academic freedom is the bedrock of the American university system. It's the reason why higher education has been able over the years to resist local political pressures regarding the hot-button issues of yesteryear like evolution.

So in cases like this idiot professor, I'm afraid the administration, faculty, alums, and students have to hold their noses and stomach the bad in support of the overall good.

But UCF is put in a really bad light regardless of how it responds.
 
Sadly, I agree. This is a tough one.

The notion of free speech and academic freedom is the bedrock of the American university system. It's the reason why higher education has been able over the years to resist local political pressures regarding the hot-button issues of yesteryear like evolution.

So in cases like this idiot professor, I'm afraid the administration, faculty, alums, and students have to hold their noses and stomach the bad in support of the overall good.

But UCF is put in a really bad light regardless of how it responds.
Idiot professor? Everything he said was correct, some people just don't want to hear it. He basically gave the same advice that I give my own kids. Stay in school and put forth effort, don't commit crime, don't have kids out of wedlock. How is that controversial?
 
Sadly, I agree. This is a tough one.

The notion of free speech and academic freedom is the bedrock of the American university system. It's the reason why higher education has been able over the years to resist local political pressures regarding the hot-button issues of yesteryear like evolution.

So in cases like this idiot professor, I'm afraid the administration, faculty, alums, and students have to hold their noses and stomach the bad in support of the overall good.

But UCF is put in a really bad light regardless of how it responds.

No, it doesn't. The outrage brigades will have their moment to yell about this guy and then the outrage brigade will move onto the next outrage. There's not a single news cycle that makes it beyond a few days right now.

This guy has been around since I started at UCF 17 years ago. His entire schtick has been to challenge everyone/anyone and piss everyone off in the name of "opening your mind". This is nothing new aside from the Twitter mob taking notice.
 
uh, I just supported this faculty member's right to free speech.

But seriously, guys, any professor of a major university who tweets about "black privilege" in the wake of the Minneapolis riots is an idiot.
 
uh, I just supported this faculty member's right to free speech.

But seriously, guys, any professor of a major university who tweets about "black privilege" in the wake of the Minneapolis riots is an idiot.

You just made his point. Don't say anything because they are a protected class.
 
Idiot professor? Everything he said was correct, some people just don't want to hear it. He basically gave the same advice that I give my own kids. Stay in school and put forth effort, don't commit crime, don't have kids out of wedlock. How is that controversial?
You arent seeing all of his tweets. Plenty are very questionable.

Even this opinion ignores totally ignores structural racism.
 
Apparently one of the cops was on his 4th day on the job and the audio picked him up saying that they need to roll Floyd over when he thought he was having trouble breathing. He was overruled by his superior officer.

Thoughts?
 
Apparently one of the cops was on his 4th day on the job and the audio picked him up saying that they need to roll Floyd over when he thought he was having trouble breathing. He was overruled by his superior officer.

Thoughts?
Drop the charges against him. No question in my mind at all on that one.
 
all these people in here talking about how they hate the cops and their tactics will vote for the guy that co-authored the "tough on crime" bill that helped to militarize the police force, excessive force, and put a disproportionate amount of minorities in jail leading to even bigger problems within those communities.
 
all these people in here talking about how they hate the cops and their tactics will vote for the guy that co-authored the "tough on crime" bill that helped to militarize the police force, excessive force, and put a disproportionate amount of minorities in jail leading to even bigger problems within those communities.
As will the majority of the protestors and rioters that turn out to vote.
 
  • Like
Reactions: UCFWayne
I guess the Shit Sandwich tastes better than the Turd Burger.
 
I guess the Shit Sandwich tastes better than the Turd Burger.
one of the literally wrote the bill that helped get us in this mess. but sure vote for biden because this time itll be different.*

@chemmie would also never give credit to trump for his support and signing of the first step act. imagine that.
 
Last edited:
ADVERTISEMENT
ADVERTISEMENT