While attitudes about systemic racism may have shifted in the aftermath of George Floyd’s death, the mechanics of criminal law have not. The video may well constitute ironclad proof that Chauvin’s conduct was reprehensible, but a murder conviction is anything but a slam-dunk. Here’s why.
Jury selection for the prosecution of Derek Chauvin was supposed to begin on Monday in Minneapolis, but the proceedings hit a roadblock. The world, forever changed after watching the horrifying video of George Floyd’s last moments as Chauvin kneeled on Floyd’s neck, now looks on as Chauvin is made to answer for his actions. While attitudes about systemic racism may have shifted in the aftermath of Floyd’s death, the mechanics of criminal law have not. The video may well constitute ironclad proof that Chauvin’s conduct was reprehensible, but a murder conviction is anything but a slam-dunk. Here’s why. Chauvin is charged with second degree unintentional murder and second-degree manslaughter. It’s not clear at this time whether a third-degree murder charge will be reinstated. Minnesota Attorney General Keith Ellison (DFL) officially brings the charges, and the lead prosecutor is assistant attorney general Matthew Frank. Under the Minnesota statute, Chauvin is guilty of unintentional murder in the second degree if he caused Floyd’s death while 1) committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting; or (2) intentionally inflicting or attempting to inflict bodily harm upon the victim, when the perpetrator is restrained under an order for protection and the victim is a person designated to receive protection under the order. The underlying offense charged is third-degree felony assault. The difficulty presented by the requirement that Chauvin’s actions caused Floyd’s death is perhaps best understood by thinking about its inverse: if something other than Chauvin’s actions caused Floyd to die, then Chauvin isn’t guilty of murder. Those who watched the video might think causation is a no-brainer: Chauvin kneeled on Floyd’s neck, suffocating and killing him. However, proof beyond a reasonable doubt requires more, both in this trial and in just about every murder trial. Standard operating procedure is for a medical examiner to testify that whatever actions the defendant undertook were the medical cause of the victim’s death. As anyone who’s seen A Few Good Men enough times to remember lactic acidosis can attest, the science of death can cause major drama during a murder trial. George Floyd underwent an autopsy. The county medical examiner listed the official cause of death as “[c]ardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression,” and concluded the manner of death was homicide.
