Posted on by Californiacontrarian

Third Degree ?


From the Daily Caller:

Jury selection for the trial of former Minneapolis Police Officer Derek Chauvin began the week of March 8. The court debated whether to charge Chauvin with third-degree murder for Floyd’s death, and Hennepin County Judge Peter Cahill decided to reinstate the charge. Jury selection was delayed as the court debated the charge and then  resumed.

If convicted of third-degree murder, Chauvin could face up to 25 years in prison. He also faces charges of second-degree manslaughter and second-degree murder. 

Chauvin’s trial began  March 29.

While I am far from a legal scholar, I ask, “What is third degree murder?”

The following definition is from Wikipedia:

Only three states (Minnesota, Florida, & Pennsylvania) have this sub-category of third degree murder. Minnesota law originally defined third-degree murder solely as depraved-heart murder (“without intent to effect the death of any person, caus[ing] the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life”).

After reading that, I still do not understand what third degree murder is!

[As an aside, still from Wikipedia, it is interesting that Minnesota law also defines the crime of third-degree murder of an unborn child, with the same elements of depraved mind and lack of intent to kill distinguishing it from first- or second-degree murder of an unborn child. Both third-degree murder and third-degree murder of an unborn child are punishable by a maximum of 25 years’ imprisonment.                          Hmmm! Does this mean that abortion is third degree murder in Minnesota?]

But I am straying off point . . . back to “murder.”

From Quora:

1st degree murder is premeditated, i.e. i stalk someone over a few days and plan their murder. … technical terms: 1st degree is premeditated, 2nd degree is not. they are both intentional. 

Second-degree murder is generally either:

  • An unplanned, intentional killing (reacting in the heat of the moment when angry)
  • A death caused by a reckless disregard for human life.

Third-degree murder (also called manslaughter) is an unplanned, unintentional killing that is not part of another felony. It can be either:

  • Involuntary (you fall and push someone off a ledge by accident)
  • Voluntary (you punch someone and unintentionally kill them)

While somewhat helpful, this is still confusing as to the difference between second degree manslaughter and third degree murder.

Be that as it may, why add the charge of third degree murder at a late date?

Again, emphasizing that while I do not profess to be a lawyer, it seems that there is only one logical answer – the prosecution does not think that they can get a conviction on either of the second degree murder charges and so they have now convinced the judge to reinstate this additional charge. The third degree charge seems to be a fallback position. If the only charges were the second degree charges, and the prosecution could not prove its case, the apt description of Minneapolis would probably be “a chaotic mess.”

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