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The Chauvin Trial

Is Derek Chauvin guilty?

  • Guilty of second-degree murder

    Votes: 7 77.8%
  • Guilty of third-degree murder

    Votes: 0 0.0%
  • Guilty of second-degree manslaughter

    Votes: 1 11.1%
  • Not guilty

    Votes: 1 11.1%

  • Total voters
    9
  • Poll closed .

Suave

Simulated character
Anders Breivik was convicted of massacring 77 persons in Norway, Anders Breivik was sentenced to spend 21 years in a Norwegian correctional detainment facility. I'd like the U.S. to also have a 21 year maximum prison sentence just like Norway has. As disgusted as I was with Derek Chauvin's executing George Floyd, I'd like everybody to deserve a second chance at life outside of imprisonment. I figure Derek Chauvin will be too old then to use lethal force by choking to death anybody by pressing his body weight against his targeted victim's neck.
 

Revoltingest

Pragmatic Libertarian
Premium Member
Anders Breivik was convicted of massacring 77 persons in Norway, Anders Breivik was sentenced to spend 21 years in a Norwegian correctional detainment facility. I'd like the U.S. to also have a 21 year maximum prison sentence just like Norway has. As disgusted as I was with Derek Chauvin's executing George Floyd, I'd like everybody to deserve a second chance at life outside of imprisonment. I figure Derek Chauvin will be too old then to use lethal force by choking to death anybody by pressing his body weight against his targeted victim's neck.
OK.
Well, 21 is little less than 22.5.
 

Estro Felino

Believer in free will
Premium Member
The use of force is supposed to be justified according to the seriousness of a crime.
Apparently there was no crime...but even if the bill was forged, it deals with a crime of slight entity.
For which the use of any force is not justified. Let alone a disproportionate use of force as Chauvin did.
So in this case..Chauvin is guilty of:
1) unjustified use of force
2) excessive use of force

If the culprit had been a mass murderer or a serial child rapist and murderer, that use of force was justified.
And Chauvin would have been acquitted.
At least this as for the penal system of my country.


Not all crimes are equal.
There is a progressivity criterion.
 
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Valjean

Veteran Member
Premium Member
I don't know maybe kneeling on a man's neck
Why does kneeling on a man's neck warrant 40 years in prison?
What sentence would you recommend for kicking someone in the shin or hitting him with a hammer?

What I was asking was your theory of justice, ie, what a judicial sentence is supposed to achieve; what its purpose is.
 

Epic Beard Man

Bearded Philosopher
Why does kneeling on a man's neck warrant 40 years in prison?

Did you not hear the judge's decision? Floyd was cuffed on his stomach and not fighting. He not only violated his department policy which their chief/supervisor said, Chauvin violated his rights all of which lead to Floyd's demise. When he stopped breathing they did not administer CPR right then and there. All of which is cruel.

What sentence would you recommend for kicking someone in the shin or hitting him with a hammer?

False Equivalency

What I was asking was your theory of justice, ie, what a judicial sentence is supposed to achieve; what its purpose is.

Justice is equitable. He was empowered with public trust and he violated that. He needs to pay for what he did and prosecutors wanted more time in fact the ax I believe. Because of his crime, he could get 40 years. He robbed Floyd's daughter to which she will never see again...Tat is why I believe he needs to pay
 

Estro Felino

Believer in free will
Premium Member
Why does kneeling on a man's neck warrant 40 years in prison?
.
In fact in our penal system, the judge cannot choose a penalty randomly but there is penal code which strictly imposes a minimum and a maximum (called edictal maximum as for detention years).
The maximum and the minimum are established by listing all the attenuating and aggravating circumstances.

Let us analyze the Chauvin case.
Art. 598 Penal Code says that as for first degree manslaughter (which we Italians call culpable homicide) the edictal maximum is 5 years of prison.
But, since this person was a public servant, there is the aggravating circumstance of lack of professionalism while protecting and serving so the maximum becomes 10 years.
 
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Valjean

Veteran Member
Premium Member
Did you not hear the judge's decision? Floyd was cuffed on his stomach and not fighting. He not only violated his department policy which their chief/supervisor said, Chauvin violated his rights all of which lead to Floyd's demise. When he stopped breathing they did not administer CPR right then and there. All of which is cruel.
Agreed. He was pissed off at the man and being vindictive; he was assuaging his ire -- which seems like the same thing you're advocating in post # 16.
Justice is equitable. He was empowered with public trust and he violated that. He needs to pay for what he did and prosecutors wanted more time in fact the ax I believe. Because of his crime, he could get 40 years. He robbed Floyd's daughter to which she will never see again...Tat is why I believe he needs to pay
What does "pay for" mean? Is justice some sort of transaction? Is it eye for an eye and tooth for a tooth? Do two wrongs balance each other out and make a right?

This sounds like retribution, not justice -- "you hurt me so I'm going to hurt you, and that'll make me feel good."

I'm not arguing that Chauvin didn't do wrong or wasn't cruel. What he did was vindictive, The vindictiveness was wrong. But what makes your vindictiveness, or any vindictiveness, any less wrong?

So, to repeat my question: To what end? What is the purpose of the sentence? What effect do you want it to create?
 

Epic Beard Man

Bearded Philosopher
Agreed. He was pissed off at the man and being vindictive; he was assuaging his ire -- which seems like the same thing you're advocating in post # 16.

I have dealt with people on drugs for the better half of my profession, yes it gets frustrating but the difference is I don't place them in handcuffs and place them on their stomach and put my knee on their neck with my hands in my pocket and smirk at people which Chauvin did. I know, my uncle printed a shirt with Chauvin with his hands in his pocket smirking, that is not being pissed it is being vindictive something a cop shouldn't do.

This sounds like retribution, not justice -- "you hurt me so I'm going to hurt you, and that'll make me feel good."

Western justice is retribution, however, it has been augmented to incorporate morality so as to not appear to be archaic like previous Mosaic Laws or Roman/Greek Laws.

I'm not arguing that Chauvin didn't do wrong or wasn't cruel. What he did was vindictive, The vindictiveness was wrong. But what makes your vindictiveness, or any vindictiveness, any less wrong?

So, to repeat my question: To what end? What is the purpose of the sentence? What effect do you want it to create?

You're honestly making this mole hill into a mountain. It is quite bizarre to me that you're this passionate about my position of wanting him to receive the maximum penalty, something even the Floyd family asked. So, if you're posing this question to me you need to begin with the Floyd family starting with his daughter who misses her father,
 

Debater Slayer

Vipassana
Staff member
Premium Member
It saddens and worries me that the "not guilty" poll option has one vote. I really hope that was just a misclick by whoever chose it.
 

Twilight Hue

Twilight, not bright nor dark, good nor bad.
My opinion is guilty on any and all.
One reason is when he was held down by three officers and saying he cant breathe, one was jokingly replying "get up and get in the car" when they all knew it wasn't possible for him to do with them all holding him down.
Not to mention when George stopped moving, the force being rendered to him never changed until the gurney was laid beside him to pick up his motionless body.
There's little speculation this man is a psychopath. Completely emotionless, ignoring what was plainly being told to him that he was actively killing someone.

He's never going to hold a badge and a gun again and he's in prison now for a significant time.
 

Valjean

Veteran Member
Premium Member
I have dealt with people on drugs for the better half of my profession, yes it gets frustrating but the difference is I don't place them in handcuffs and place them on their stomach and put my knee on their neck with my hands in my pocket and smirk at people which Chauvin did. I know, my uncle printed a shirt with Chauvin with his hands in his pocket smirking, that is not being pissed it is being vindictive something a cop shouldn't do.
So we're in perfect agreement here, the cop did wrong.

His job as a cop is to investigate crime and apprehend criminals, not to punish them.

The cop was out of control and should not have taken it upon himself to mete out punishment. Alas, this is all too common in cop culture, as numerous recent incidents have demonstrated.
Western justice is retribution, however, it has been augmented to incorporate morality so as to not appear to be archaic like previous Mosaic Laws or Roman/Greek Laws.
Retribution in a suit, eh? ;)

Here's where I take issue.
Vengeance is a poor sort of "justice." It does not help undo or correct what the criminal did, it's not restorative. It does not reliably deter crime. It does not correct the social defect in the criminal.
Vengeance is good at making aggrieved people feel good, not at ameliorating a problem.

Vengeance is what Chauvin did to Floyd. It was wrong because it was vengeance. You seem to be advocating more vengeance to correct a problem caused by vengeance. You're saying two wrongs make a right.
You're honestly making this mole hill into a mountain. It is quite bizarre to me that you're this passionate about my position of wanting him to receive the maximum penalty, something even the Floyd family asked. So, if you're posing this question to me you need to begin with the Floyd family starting with his daughter who misses her father,
I'm not passionate about your position, I'm interested in the ideas underlying it.
My question was about purpose, function and intended effect. You still haven't addressed it. I don't think you're getting the gist of my posts.

I'm trying to have a discussion about an abstract, philosophical question, not the particulars of the incident itself. I'm trying to understand your reasoning, and, now, the the psychology underlying your apparent vindictiveness.

I'm not questioning the legitimacy of your or the family's, or the community's indignation over this tragic crime.
I understand the ramifications of the crime. I appreciate the hurt felt by Floyd's family and friends. I understand the public ire generated.

So, yet again: What is the purpose of the punishment you advocate? What do you want it to accomplish? What is it's function?
 

Valjean

Veteran Member
Premium Member
It saddens and worries me that the "not guilty" poll option has one vote. I really hope that was just a misclick by whoever chose it.
I'm still trying to figure out the particulars of these legal terms, so I haven't voted. How terms like these are defined varies by jurisdiction.:confused:
 

Valjean

Veteran Member
Premium Member

Kooky

Freedom from Sanity
Anders Breivik was convicted of massacring 77 persons in Norway, Anders Breivik was sentenced to spend 21 years in a Norwegian correctional detainment facility. I'd like the U.S. to also have a 21 year maximum prison sentence just like Norway has.
While initially sentenced to 21 years, Anders Breivik's sentence was later changed to "containment" after courts ruled out criminal insanity. This is a form of imprisonment that can be extended indefinitely.

There is very little chance of him leaving prison alive.

Anders Behring Breivik - Wikipedia
 

Kooky

Freedom from Sanity
Western justice is retribution, however, it has been augmented to incorporate morality so as to not appear to be archaic like previous Mosaic Laws or Roman/Greek Laws.
America's justice system, sure - but outside America, many Western justice departments operate under the at least theoretical assumption that some criminals can be rehabilitated into productive members of society.
 

Epic Beard Man

Bearded Philosopher
So we're in perfect agreement here, the cop did wrong.

I didn't know there was a disagreement.

His job as a cop is to investigate crime and apprehend criminals, not to punish them.

Your point?

The cop was out of control and should not have taken it upon himself to mete out punishment. Alas, this is all too common in cop culture, as numerous recent incidents have demonstrated.
Retribution in a suit, eh? ;)

My community is used to it hence the "talk."

Vengeance is what Chauvin did to Floyd. It was wrong because it was vengeance. You seem to be advocating more vengeance to correct a problem caused by vengeance. You're saying two wrongs make a right.
I'm not passionate about your position, I'm interested in the ideas underlying it.
My question was about purpose, function and intended effect. You still haven't addressed it. I don't think you're getting the gist of my posts.

I'm trying to have a discussion about an abstract, philosophical question, not the particulars of the incident itself. I'm trying to understand your reasoning, and, now, the the psychology underlying your apparent vindictiveness.

I'm not questioning the legitimacy of your or the family's, or the community's indignation over this tragic crime.
I understand the ramifications of the crime. I appreciate the hurt felt by Floyd's family and friends. I understand the public ire generated.

So, yet again: What is the purpose of the punishment you advocate? What do you want it to accomplish? What is it's function?

I....want....the....same...as...the....Floyd....family...which...is..the..max. This isn't vengeance it is justice. He is not going to serve the entire 22 years which is why some in the media state anger because he might only do 15 years which means he has a chance of getting out although at an older age. Floyd lost his life. He is dead and not coming back. With that being said he ought to serve 40 years, not because of vengeance, but because it is justice and I echo the same sentiment as the family.
 
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