In the Floyd case, what I am uncertain of is if he will be found guilty of murder as that requires intent. I find it very hard to believe that he intended to kill Floyd infront of a crowd of witnesses who were filming him. But there's a definite case for manslaughter. But then the whole affair didn't need to escalate to the level it did, although it didn't escalate quite as quickly as the video I watched yesterday it did ultimately escalate further.
Intent doesn't quite work as it may first seem in criminal law (in the US at least).
If his
intent was to apply a forcible restraint to Floyd that he knew was dangerous and a risk to life (which it was) then if the result is Floyds death (which is was) then his intended actions resulted in death and are murder. Intent in that form combined with pre-meditation lead to
different grades of murder (beyond the obvious you intended to kill someone of course).
Think of intent as a transferable characteristic of crime. If you plan to rob a petrol/gas station and kill someone in the process then you're pre-meditation and intent transfer from the armed robbery to the death and its first-degree murder. If however you had decided to rob it on the spur of the moment, the pre-meditation is gone however the intent remains, and its second degree murder.
It is however not an automatic transfer (it used to be in some states), but rather the courts apply what is know as a hybrid test to it, which is:
A court or jury, in determining whether a person has committed an offence,
- (a) shall not be bound in law to infer that he intended or foresaw a result of his actions by reasons only of its being a natural and probable consequence of those actions; but
- (b) shall decide whether he did intend or foresee that result by reference to all the evidence, drawing such inferences from the evidence as appear proper in the circumstances.
So it requires the person to, based on all the information they had, know that the death could be foreseen with all of the evidence available to them at the time.
This is why the prosecution are going in heavy on the number of opportunities the officers had to change course, but failed to do so, the refusal of the officers to let a trained first responder assist, the delay in medical treatment once the EMTs arrived, the lack of provision of medical assistance once George Floyd was unresponsive and the continued application of force once he had had a fit and was unresponsive. They are looking to ensure the evidence passes this hybrid test.
Conversely the defense are attempting to cast doubt on that, which is why they are attempting to characterize the crowd as unruly and threating.
You then also have '
third degree murder', which doesn't exist in all states, but importantly does in Minnesota, which is described in Minnesota as:
"without intent to effect the death of any person, caus[ing] the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life"
However both second and third degree murder are high bars to pass (unfortunately even more so if the defendant is a police officer), which is why Chauvin has been charged with Second-degree Murder, Third-degree murder and Manslaughter.
I would also disagree that the George Floyd case didn't escalate quickly, it did, and then remained escalated for an absurdly long period of time, despite many opportunities to de-escalate it. That for me it was makes it so heinous and should make the bar easier to pass, this wasn't a spur of the moment choice that had to be made, but a long drawn out process. A process in which every opportunity to correct course was willfully ignored, well beyond the point at which it could be called negligent or accidental (which would lower it to manslaughter).
The way police react to simple traffic stops, especially when dealing with non-white people, is pretty crazy. I guess that’s true that the thought is anyone can have a gun at any time, which is another pretty crazy thing. I think in the UK some (or a lot) of the police don’t even have lethal weapons on them, is that right? The whole gun culture and obsession of population with guns around here is definitely a part of the problem.
Police in the UK (
outside of a few specific branches) do not routinely carry firearms. Some are trained in the use of Tasers and carry them, but use of them is quite low.
To put some numbers to that.
UK 2020:
4 people shot by police, with a population of 66.65M, that's one per 16.65M people
US 2020: Roughly a
1,000 (no central database exists), with a population of 328m, that's one per 0.328M People
So yes its a significant difference, particularly as the 1,000 in the case of the US is likely to be a low estimate.
The lack of threat, de-escalation training, and the accountability an officer is held to should them discharge a Taser or firearm are also quite rigorous and strict in the UK.
https://www.pfoa.co.uk/articles/police-involved-shooting
It is important to note however that doesn't and hasn't removed issues with the inappropriate use of force by the police in the UK.