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Australian woman in Minneapolis fatally shot by cop
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PUmatty



Joined: 10 Nov 2004
Posts: 16358
Location: Chicago


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PostPosted: 05/01/19 10:59 am    ::: Reply Reply with quote
Shades wrote:
Verdicts in today.

2nd degree murder: Not guilty
3rd degree murder: Guilty
2nd degree manslaughter: Guilty


I don't understand how someone can be guilty of murder and manslaughter. Isn't that double jeopardy?
Shades



Joined: 10 Jul 2006
Posts: 63763



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PostPosted: 05/01/19 12:18 pm    ::: Reply Reply with quote
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Minnesota’s third-degree murder charge means causing the death of another through a dangerous act “without regard for human life but without intent to cause” death. Second-degree manslaughter is defined as creating unreasonable risk of causing death or great bodily harm to another through culpable negligence.


The guidelines seem to say a maximum of 20 years for both counts together.

I’ll guess that they give him half the max, and with good behavior he’ll probably be out in 5 years, still a relatively guy (33 now).



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justintyme



Joined: 08 Jul 2012
Posts: 8407
Location: Northfield, MN


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PostPosted: 05/01/19 1:36 pm    ::: Reply Reply with quote
PUmatty wrote:
Shades wrote:
Verdicts in today.

2nd degree murder: Not guilty
3rd degree murder: Guilty
2nd degree manslaughter: Guilty


I don't understand how someone can be guilty of murder and manslaughter. Isn't that double jeopardy?

The manslaughter will basically "disappear" at sentencing.

The jury here was instructed on the "lesser included charges" and what needed to be proven by the state to warrant a guilty verdict for each. They obviously just went down the list and checked guilty by each charge they felt met that requirement.

When this happens the judge just has the sentences run concurrently, effectively merging the two crimes so no double jeopardy question is raised.



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PUmatty



Joined: 10 Nov 2004
Posts: 16358
Location: Chicago


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PostPosted: 05/01/19 3:25 pm    ::: Reply Reply with quote
justintyme wrote:
PUmatty wrote:
Shades wrote:
Verdicts in today.

2nd degree murder: Not guilty
3rd degree murder: Guilty
2nd degree manslaughter: Guilty


I don't understand how someone can be guilty of murder and manslaughter. Isn't that double jeopardy?

The manslaughter will basically "disappear" at sentencing.

The jury here was instructed on the "lesser included charges" and what needed to be proven by the state to warrant a guilty verdict for each. They obviously just went down the list and checked guilty by each charge they felt met that requirement.

When this happens the judge just has the sentences run concurrently, effectively merging the two crimes so no double jeopardy question is raised.


Makes sense. Thanks.
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