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Chauvin Sentencing

Discussion in 'Other Legal Issues' started by flyingron, Jun 25, 2021.

  1. flyingron

    flyingron Law Topic Starter Well-Known Member

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    Jurisdiction:
    Maine
    I found the defense presentations a little pathetic. I was unmoved by Chauvin's teary mother and the defense pretty much is saying what a great guy he was, too bad he murdered someone. Most of his presentation was pretty sad. The request for not doubling down on the recommendation was good, but really probation?

    We're in a 15 minute break while the judge rolls the D20 in his office to come up with a sentence.
     
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  2. Tax Counsel

    Tax Counsel Well-Known Member

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    The defense attorney has to play the hand he's given, which in this case is not a very strong one. We already know the judge has said that aggravating circumstances apply in this case, so a long prison term is likely to be imposed. But the defense nevertheless has to try to get a good a result for the defendant, even though the attorney knows it's likely to be futile.

    The judge will already know at this stage what he thinks the appropriate sentence is and this final hearing rarely changes the outcome much. There is no rolling of a die here; the judge has to write up the opinion justifying the sentence imposed so that it can stand up the inevitable appeal of the sentence that will follow.
     
  3. flyingron

    flyingron Law Topic Starter Well-Known Member

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    That was a joke.

    Yep, he is saying he's submitting a twenty-some-page statement of the law behind his decision. Obviously, that didn't come in 15 minutes.

    Count 1: 270 months. Ten years over the presumptive sentence of 150 months. Reason: cruelty and position authority.
    Count 2/3 unadudicated
     
    Last edited: Jun 25, 2021
  4. flyingron

    flyingron Law Topic Starter Well-Known Member

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  5. Redemptionman

    Redemptionman Active Member

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    The sad part of this is it doesn't have anything to do with RACE, but more to do with police brutality. Police are the most important enforcement of law that we have, yet the least trained in use of force.

    On a per capita basis a lot more white people are killed by police officers everyday and yet they do not get money or even a mention in the newspaper. The officer got the appropriate sentence but it has to do with training and proper enforcement of those procedures. Until pay and training reflect the actual job duty and titles then you will continue to see senseless killings such as this.
     
  6. Zigner

    Zigner Well-Known Member

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    Please cite your source(s).
     
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  7. Redemptionman

    Redemptionman Active Member

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  8. flyingron

    flyingron Law Topic Starter Well-Known Member

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    Bull.

    In 2019:
    1.8 whites killed by police per million of the population.
    5.3 blacks killed by police per million of the population
    2.6 latinos killed by police per million of the population

    Source: US Census QuickFacts for the population numbers. Shooting numbers from the Washington Post.
     
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  9. Tax Counsel

    Tax Counsel Well-Known Member

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    Correct, that information is not per capita. Blacks are killed at a rate of about 3 times the rate of Whites when you account for how much of the total population each race makes up. So clearly there is a racial problem here, though you are correct that just generally there are too many police killings (and all manner of lesser injuries) of people of all races. Police do need better training, we need to have better use of force policies, and police need to be held accountable far more often when they abuse their authority and use excessive force.
     
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  10. army judge

    army judge Super Moderator

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    The FEDS are investigating Chauvin, and he alluded to other legalities looming for him.

    MN gave him 27 years, add in a federal conviction(s), Chauvin is unlikely to ever roam among society.
     
  11. Redemptionman

    Redemptionman Active Member

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    I am wondering if the victims families for which Floyd committed crimes upon will seek legal representation and try to stake a claim as to part of the Minneapolis city negotiated settlement Floyd's family received on his behalf?

    You know I bet a few attorneys are waiting in the wings for those suits.
     
    Last edited: Jun 25, 2021
  12. Tax Counsel

    Tax Counsel Well-Known Member

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    They may try to seek representation, but it won't do them any good. The lawsuit was filed on behalf of the "next of kin" of George Floyd, i.e. his family members, not by the estate of George Floyd. The family members have no liability for any crimes George Floyd committed before his death, so those victims have no claim to the money that his family members receive in this settlement. Had George Floyd's estate been the plaintiff then it would be a different matter, as his estate is liable for whatever George Floyd would have been personally liable for.
     
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  13. Redemptionman

    Redemptionman Active Member

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    Maybe the victims families of Mr. Floyd's glorified criminal life can find as talented an attorney as what he had. The whole filming and arrest had the feeling of a staged event, and Chauvin giving a statement in court as to the fact that I in more trouble with a Federal Civil Rights violation case pending is just more puzzling. Either Chauvin is the dumbest police officer to wear the badge or it was a staged event to result in some sort of perceived change.

    Whatever the case may be I am horrified by the glorification of Mr. Floyd's life choices and lifestyle and even more so by the fact that they were able to use him as some sort of martyr for the cause.
     
  14. justblue

    justblue Well-Known Member

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    Are you out of your frigging mind? You think George Floyd and Derrick Chauvin, along with 3 other officers and a dozen+ witnesses "staged" this...That GF set himself up to die in such a way? Is this the latest line of stupid bullshit from your buddy Q?
     
  15. stealthy1

    stealthy1 Active Member

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    But Blue - how do you *know* that GF is actually dead? "They" might have spirited him away, performed plastic surgery, and paid him a boatload of money to stay away from his family. You know "they" would do anything to malign the boys in blue.
     
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  16. stealthy1

    stealthy1 Active Member

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    There's that darned pesky "innocent until proven guilty" thing, though. And none of his previous legal issues rose to Death Penalty level.

    How about your thoughts wrt Kyle Rittenhouse?
     
  17. justblue

    justblue Well-Known Member

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    :p

    Now Stealthy1, didn't we have a talk about wandering in delusions?
     
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  18. Redemptionman

    Redemptionman Active Member

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    Nope, I learned the difference through right and wrong at an early age. I was brought up to tell the difference between good and evil and know do unto others as you would have done unto you.

    All of this has been taught and demonstrated in the Bible, you know the book about the entity that all our laws are written on and alluded too in court proceedings and pleadings throughout this country. Somehow I think that has escaped the majority of people in this country.
     
  19. Redemptionman

    Redemptionman Active Member

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    You mean the guy who was defending himself from an insane clown mob of blue liberals?
     
  20. stealthy1

    stealthy1 Active Member

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    I figured that would be your response. I was actually talking about the little Momma's Boy who wanted to play cops & robbers with real guns.
     

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