Why is the cop who killed George Floyd charged with 2nd degree murder and not 1st?

Question

There is no difference between 1sr and 2nd degree murder outside of the maximum penalty.
Both carry life in prison.
But 1st degree carries it without parole or death.

To get a conviction on 2nd degree murder..
You actually have to prove MORE, than to get a conviction on 1st degree murder.

First of all, you have to prove every last bit of 1st degree murder, PLUS a mitigating circumstance.

There are no mitigating circumstances surrounding the murder of George Floyd.

The cop had his knee on Floyd's neck for over 8 minutes, to my knowledge..
Just seconds short of 9...

And even rejected a bullsh!t, unemotional suggestion to get off his neck, from his own coworkers.
And ignored the growing crowd.

Answer 1

While there was malice, there was no forethought (y'know "Next time I see George imma kill him!").  The prosecutors have to prove beyond a shadow of a doubt that the officer planned the death beforehand.

Answer 2

In MN, 1st degree murder is a maximum of life without parole. 2nd degree murder has a maximum sentence of 40 years. First degree murder requires specific circumstances which aren’t required for 2nd degree. 



Chauvin is being charged with 2nd degree felony murder. That means he caused a person’s death while committing a felony. Intent is not required, even though I believe there clearly was intent from watching the video. He committed felony assault and George Floyd died as a result of that felony. That’s 2nd degree murder. 

Answer 3

Clearly you don't know what you're talking about.  Of course 1st degree murder is different or it wouldn't be a different offence.  It requires pre-planning.  2nd degree doesn't.

Answer 4

Largely because it would be almost impossible to prove premeditation (planning in advance).  

Answer 5

Actually there IS a difference and that difference is premeditation. So unless you're suggesting that Officer Chauvin contrived to put George Floyd in that place at that time and then somehow made sure he was the one who got the call...you could never prove a 1st degree charge. DAs have long since learned that overcharging usually results in acquittal. Also, Minnesota doesn't have the death penalty so it's not like Chauvin would be executed even if he were convicted of 1st degree murder. 

Answer 6

Plenty of people have gone over this already;



1st degree murder have to prove intent to kill. You go to your ex wife's work and shoot her over the counter.

2nd degree can involve various forms of neglect such as holding your buddy in a headlock too long when play wrestling.

Answer 7

Your understanding is wrong, there is different criteria for a final determination whether a murder was1st degree or 2nd degree and penalties are also different.

Answer 8

You apparently don't know what you're talking about. If you would have to prove elements of 1st degree murder to secure conviction for 2nd degree murder then why not just charge 1st and hope they can prove it? He originally was charged with 3rd degree murder. It was then enhanced to 2nd. There is absolutely no way, no how that the officer would be convicted of 1st degree murder. 1st degree would require premeditation. There is nobody that would ever believe the officer began his day contemplating killing Floyd specifically when he began his duties.

Answer 9

I bet last month you knew more than anyone about Covid. 

Answer 10

1st Degree Murder has to be proven to be ''Pre-meditated''.

The cop did NOT ''plan in advance'' to kill someone.

@ Andrew (comment)

NO .. The cop did NOT ''go out that morning intending to kill someone''.

He killed someone ''at that moment'' .. NOT ''planning to do it in advance''.

Answer 11

Gee, you typed a lot of words there.



Too bad virtually every point of law you mentioned is wrong.

Bravo.

Answer 12

The cop or anybody doesn't have to leave their house with the intent to kill..

All somebody has to do, is make the decision at any point in time, that somebody else is going to die unjustly and under illegal circumstances due to violence.



He's not charged with conspiracy to commit murder, he's charged with murder.



That video is 1st degree murder.



The other 3 cops should be charged with 2nd degree manslaughter (minimum)..

conspiracy to commit 1st degree murder, facilitation of 1st degree murder, accessory of 1st degree murder and with aiding and abetting 1st degree murder as well as perjury, and obstruction of justice.



All 4, with official misconduct.



All at the state level.



Federally, the Department of Justice would be prudent to charge them all with a hate crime..



And I'd be glad to testify in federal court that I'm white..

And so too have passed off a fake banknote by accident..

And nothing of this sort happened to me.