Minneapolis: Three former officers who accompanied Derek Chauvin during the arrest, which led to George FloydK.’s death faced a federal trial this week, on charges he violated a black man’s civil rights. Jury selection in the federal case against Jay Kueng begins Thursday Thomas Lane And you were
What happened?
Floyd, 46, died on May 20, 2020, after Chauvin placed his knee on Floyd’s neck and pinned him to the street for 9 1/2 minutes as he gasped for air. Kueng knelt on Floyd’s back and Lane lowered Floyd’s legs. Thao prevented the audience from intervening.
federal charge
Kueng, Lane and Thao are largely accused of deliberately depriving Floyd of his constitutional rights while acting under “the color of the law” or government authority. Chauvin pleaded guilty to a count of civil rights violations of Floyd and will not be prosecuted along with his former associates.
Thao and Kueng have been charged with willfully infringing on Floyd’s right to be freed from undue seizure by not intervening to stop Chauvin. The indictment says they knew what Chauvin was doing and that Floyd was handcuffed, irresistible and ultimately unresponsive. It is not clear why the lane holding Floyd’s foot is not mentioned in that calculation, but evidence suggests that he asked twice whether Floyd should be turned on his side.
Kueng, Lane and Thao are all accused of deliberately depriving Floyd of his liberty without due process, specifically denying him the right to be released from an officer’s willful indifference to his medical needs. The indictment states that three men saw Floyd need medical care and that they knowingly failed to assist him.
In both cases it was alleged that the actions of the officers resulted in the death of Floyd.
How is it different from the state case?
The three officers have also been charged in the state court with both aiding and abetting the murder and murder.
State prosecutors must prove that officers assisted in the murder or manslaughter of Chauvin, while federal prosecutors must show that he violated Floyd’s rights, essentially failed to intervene or provide medical aid. .
Mark Osler, a former federal prosecutor and now a professor at the University of St. Thomas’ School of Law, drew upon this distinction: the state case is about what officials did, and the federal case is about what they did not.
State testing is scheduled to begin from June 13.
rare cases
To make federal charges in police deaths, prosecutors must believe that an officer acted under “the color of the law,” or governmental authority, and intentionally deprived someone of their constitutional rights, including unreasonable Including the right to be free from seizure. use of undue force. This is a high legal standard; An accident, wrongful judgment or simple negligence on the part of the officer is not sufficient to support federal charges.
Essentially, prosecutors must prove that officers knew what they were doing was wrong but did it nonetheless.
Historically, federal charges have been made after a state case has failed, Phil Turner, said another former federal prosecutor. He pointed to the police beating of Rodney King in 1991, as an example. Turner said, after Los Angeles officials were acquitted in state court, federal charges were brought because the state system had failed and it was clear to everyone that this was a miscarriage of justice. Two of the four officers were eventually convicted in federal court.
Most high-profile fatal shootings by police in recent years have not resulted in federal charges, although activists have called for them. The exception is the case of Michael Slager, a white South Carolina police officer who was fatally shot. Walter Scott Unarmed in the back, a 50-year-old black man runs through a 2015 traffic stop.
Slager’s state murder case ended in 2016 with a hung jury and wrongful trial. A year later, she pleaded guilty in federal court to violating Scott’s civil rights; Prosecutors dropped state murder charges. Slager was sentenced to 20 years in prison.
Over the past 20 years, several corrections officers have been convicted of violating the civil rights of prisoners who have died after being denied medical care – sometimes after assault. The allegation of denial of medical care is the same as counting all three former Minneapolis officers in Floyd’s death.
What sentence can they face?
Violations of federal civil rights that result in death are punishable by life imprisonment or up to death, but those sentences are extremely rare. Federal sentencing guidelines rely on complex formulas that indicate officers will get little if convicted.
What happened?
Floyd, 46, died on May 20, 2020, after Chauvin placed his knee on Floyd’s neck and pinned him to the street for 9 1/2 minutes as he gasped for air. Kueng knelt on Floyd’s back and Lane lowered Floyd’s legs. Thao prevented the audience from intervening.
federal charge
Kueng, Lane and Thao are largely accused of deliberately depriving Floyd of his constitutional rights while acting under “the color of the law” or government authority. Chauvin pleaded guilty to a count of civil rights violations of Floyd and will not be prosecuted along with his former associates.
Thao and Kueng have been charged with willfully infringing on Floyd’s right to be freed from undue seizure by not intervening to stop Chauvin. The indictment says they knew what Chauvin was doing and that Floyd was handcuffed, irresistible and ultimately unresponsive. It is not clear why the lane holding Floyd’s foot is not mentioned in that calculation, but evidence suggests that he asked twice whether Floyd should be turned on his side.
Kueng, Lane and Thao are all accused of deliberately depriving Floyd of his liberty without due process, specifically denying him the right to be released from an officer’s willful indifference to his medical needs. The indictment states that three men saw Floyd need medical care and that they knowingly failed to assist him.
In both cases it was alleged that the actions of the officers resulted in the death of Floyd.
How is it different from the state case?
The three officers have also been charged in the state court with both aiding and abetting the murder and murder.
State prosecutors must prove that officers assisted in the murder or manslaughter of Chauvin, while federal prosecutors must show that he violated Floyd’s rights, essentially failed to intervene or provide medical aid. .
Mark Osler, a former federal prosecutor and now a professor at the University of St. Thomas’ School of Law, drew upon this distinction: the state case is about what officials did, and the federal case is about what they did not.
State testing is scheduled to begin from June 13.
rare cases
To make federal charges in police deaths, prosecutors must believe that an officer acted under “the color of the law,” or governmental authority, and intentionally deprived someone of their constitutional rights, including unreasonable Including the right to be free from seizure. use of undue force. This is a high legal standard; An accident, wrongful judgment or simple negligence on the part of the officer is not sufficient to support federal charges.
Essentially, prosecutors must prove that officers knew what they were doing was wrong but did it nonetheless.
Historically, federal charges have been made after a state case has failed, Phil Turner, said another former federal prosecutor. He pointed to the police beating of Rodney King in 1991, as an example. Turner said, after Los Angeles officials were acquitted in state court, federal charges were brought because the state system had failed and it was clear to everyone that this was a miscarriage of justice. Two of the four officers were eventually convicted in federal court.
Most high-profile fatal shootings by police in recent years have not resulted in federal charges, although activists have called for them. The exception is the case of Michael Slager, a white South Carolina police officer who was fatally shot. Walter Scott Unarmed in the back, a 50-year-old black man runs through a 2015 traffic stop.
Slager’s state murder case ended in 2016 with a hung jury and wrongful trial. A year later, she pleaded guilty in federal court to violating Scott’s civil rights; Prosecutors dropped state murder charges. Slager was sentenced to 20 years in prison.
Over the past 20 years, several corrections officers have been convicted of violating the civil rights of prisoners who have died after being denied medical care – sometimes after assault. The allegation of denial of medical care is the same as counting all three former Minneapolis officers in Floyd’s death.
What sentence can they face?
Violations of federal civil rights that result in death are punishable by life imprisonment or up to death, but those sentences are extremely rare. Federal sentencing guidelines rely on complex formulas that indicate officers will get little if convicted.
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