Wednesday, April 21, 2021

Derek Chauvin guilty on all counts, great - but why on more than one count?

In case you missed it, Derek Chauvin has been found guilty on all counts for the murder of George Floyd in Minneapolis. Justice has, belatedly been served, or at least a measure of police accountability, and worldwide demonstrations and riots have been averted.

But am I the only one left wondering how someone can be found guilty of second degree unintentional murder, third degree murder, AND second degree manslaughter? Wouldn't it be one or the other? How does that work?

CNN has done its best to explain what these different charges actually mean, interpreting the complicated legal jargon involved. But it's still not clear to me why all three of them apply to the same person committing the same act.

ABC News does a similar analysis, but also notes that each charge carries a different maximum sentence (40 years for second degree murder, 26 years for third degree murder, and 10 years for second degree manslaughter), even if, in practice, in Minnesota, sentences of 12½ years for each murder charge and 4 years for manslaughter are more normal. But the point is that he will only actually be sentenced for one charge, the most grievous one.

So that, I guess is the salient point: more than one charge is brought so that, even if the worst one fails, there are others there to backstop it. In practice, then, Chauvin will be sentenced based on the strongest charge on which he was comvicted, second degree murder.

What a Byzantine beast the law is!

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