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The Minneapolis prosecutor now claims that interactions between the initial confrontation video and the death video may justify not filing charges.
Hennepin County attorney Mike Freeman condemned the actions of white cop Derek Chauvin as 'horrific and terrible' but added there was 'other evidence that does not support a criminal charge'.
www.dailymail.co.uk
This prosecution claim makes me think that this time the left might be right, that we might be looking at systemic racism.
Our legal system has a solid principle called the eggshell skull rule.
The eggshell skull rule says that you take your victim as you find them. Essentially, the frailty of the person who was injured cannot be used as a defense.
www.jrlawfirm.com
It says the system must accept the conditions of people, and rule on cases, as people are, and not as one might assume an average person to be.
The killing video clearly depicts Floyd, under the officer’s knee, saying that he can’t breathe. Regardless of anything else this tells us that for THIS person the force being applied is probably too excessive.
As the arrestee passed out and remained motionless onlookers repeated the arrestee’s pleas and pointed out the arrestee’s unconscious condition. Still the officer refused to even pay attention.
At the point of having the defendant handcuffed on his face it doesn’t matter what ensued in the lead-up confrontation. The defendant’s fate was completely under the officer’s control. His outcome was the officer’s responsibility.
The law will adjudicate the excessive-ness of force as it applies to THIS arrestee, and not to the excessive-ness needed for any hypothetical average arrestee. If the local prosecutor can't bring himself to place this case into court then he should be overridden.
Edit: Chauvin has been charged with murder, so systemic racism is off the table.
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