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Old April 22nd, 2021, 08:10 PM   #21
Stronk Serb
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Default Re: What will be the likely outcome of the Derek Chauvin trial?

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I do think this case brings up the question of the extent to which jurors are blank slates immune to outside influences (which was never really true to begin with). There's no evidence they were swayed by threats of violence or "caved to pressure", but it's an interesting question. In the era of social media and "trial by Twitter" can any jurors really be impartial or have no preconceptions about a high profile case like this unless they live under a rock? Even a change of venue wouldn't have solved that.
I wouldn't say it's a flaw of a jury system, but you cannot really have impartial legal proceedings with lynching mobs on the loose.

Still, despite George's criminal history, he never stood a chance at a fair trial because Chauvin took his life away. Chauvin might be sentenced, but the problem of police brutality still persists in the US.

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Old April 23rd, 2021, 04:57 AM   #22
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Default Re: What will be the likely outcome of the Derek Chauvin trial?

I fear the appeals process will force a mistrial.
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Old April 25th, 2021, 12:03 PM   #23
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Default Re: What will be the likely outcome of the Derek Chauvin trial?

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I fear the appeals process will force a mistrial.
Mistrial how?
Itís all there on multiple video recordings
He murdered that man
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Old April 25th, 2021, 09:39 PM   #24
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Default Re: What will be the likely outcome of the Derek Chauvin trial?

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Mistrial how?
Itís all there on multiple video recordings
He murdered that man
Defence can argue that jury wasn't impartial due to media coverage. It wasn't about oif he did or did not do it anymore, it's the technicalities and semantics. Although, raising the sentence so high from the average what killer cops get is good because after the appeals the sentence will probably get shortened but will still be longer than usual.

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Old April 25th, 2021, 10:42 PM   #25
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Default Re: What will be the likely outcome of the Derek Chauvin trial?

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Defence can argue that jury wasn't impartial due to media coverage. It wasn't about oif he did or did not do it anymore, it's the technicalities and semantics. Although, raising the sentence so high from the average what killer cops get is good because after the appeals the sentence will probably get shortened but will still be longer than usual.
I get that, but any retrial would have the same issue
I heard because he has no previous criminal record he wouldnít get a max sentence but at the same time as a cop should be held to a higher standard so would get more than minimum

Itís disgusting to watch the video
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Old April 27th, 2021, 10:32 AM   #26
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Default Re: What will be the likely outcome of the Derek Chauvin trial?

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I wouldn't say it's a flaw of a jury system, but you cannot really have impartial legal proceedings with lynching mobs on the loose.
But then what's the best way to ensure impartial legal proceedings? Even if the jury had been sequestered from the beginning and had not known anything of Maxine Waters' statements or the state of protests in the city, they could've accurately assumed that there would be potentially violent backlash to an acquittal given everything that happened following Floyd's death and the start of the trial. To me it seems there is no way to ensure that a jury is not taking the reaction of the public into consideration.

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Old April 28th, 2021, 08:04 AM   #27
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Default Re: What will be the likely outcome of the Derek Chauvin trial?

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But then what's the best way to ensure impartial legal proceedings? Even if the jury had been sequestered from the beginning and had not known anything of Maxine Waters' statements or the state of protests in the city, they could've accurately assumed that there would be potentially violent backlash to an acquittal given everything that happened following Floyd's death and the start of the trial. To me it seems there is no way to ensure that a jury is not taking the reaction of the public into consideration.
There isn't. You have so many cases of people being tried for the same crime and it happened in identical conditions and get differing sentences. Honestly, if the defence argues a lack of impartiality, you can always argue that no one really recieves it.

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I get that, but any retrial would have the same issue
I heard because he has no previous criminal record he wouldnít get a max sentence but at the same time as a cop should be held to a higher standard so would get more than minimum

Itís disgusting to watch the video
For a retrial, the defence is risking the jury forcing a higher sentence because the jurors might be targets of lynching mobs.

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Old May 4th, 2021, 10:03 PM   #28
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Default Re: What will be the likely outcome of the Derek Chauvin trial?

Derek Chauvin's attorneys filed motions to have his murder convictions by a Minneapolis jury overturned. The reasons cited by defense lawyers were jury misconduct and intimidation, refusal of the judge to sequester the jury and refusal of the judge to entertain defense motion for change on venue. They are alleging that Chauvin was denied his Constitutional right to a fair trial as provided under Amendment VI. The defense is seeking to thrown out Chauvin murder convictions and have the Appeals Court order a new trial in another jurisdiction.

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Old May 5th, 2021, 11:43 AM   #29
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Default Re: What will be the likely outcome of the Derek Chauvin trial?

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Derek Chauvin's attorneys filed motions to have his murder convictions by a Minneapolis jury overturned. The reasons cited by defense lawyers were jury misconduct and intimidation, refusal of the judge to sequester the jury and refusal of the judge to entertain defense motion for change on venue. They are alleging that Chauvin was denied his Constitutional right to a fair trial as provided under Amendment VI. The defense is seeking to thrown out Chauvin murder convictions and have the Appeals Court order a new trial in another jurisdiction.
Itís hard to get a fair trial when its all over social media what happened, but the evidence is there for all to see, if it goes to a re trail he might get off the serious charge of murder and get a lesser conviction

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Old May 5th, 2021, 09:45 PM   #30
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Default Re: What will be the likely outcome of the Derek Chauvin trial?

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It’s hard to get a fair trial when its all over social media what happened, but the evidence is there for all to see, if it goes to a re trail he might get off the serious charge of murder and get a lesser conviction
Yes, that is true and I think that the prosecution put on a rock solid case against Chauvin and the jury did return the correct verdict. But, the actions of some outside influences, plus the fact that the judge did not sequester the jurors and denied a change of venue brief, left the door open for the defense to file an appeal to throw out the murder convictions and possibly get a new trial outside of Hennepin County . In American jurisprudence, the right to have a trial by a fair and impartial jury is sacrosanct. A jury must consider the evidence without any outside influences or personal prejudices. If the defense can prove that the jury was tainted by outside influences or personal prejudices, then the conviction can be thrown out. It is possible that if the appeals court throws out Chauvin's murder convictions and orders a new trial, Chauvin could get off with a lighter sentence or even get acquitted despite all the damning evidence against him.

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Old May 6th, 2021, 08:07 AM   #31
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Default Re: What will be the likely outcome of the Derek Chauvin trial?

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Originally Posted by Falcons_11 View Post
Yes, that is true and I think that the prosecution put on a rock solid case against Chauvin and the jury did return the correct verdict. But, the actions of some outside influences, plus the fact that the judge did not sequester the jurors and denied a change of venue brief, left the door open for the defense to file an appeal to throw out the murder convictions and possibly get a new trial outside of Hennepin County . In American jurisprudence, the right to have a trial by a fair and impartial jury is sacrosanct. A jury must consider the evidence without any outside influences or personal prejudices. If the defense can prove that the jury was tainted by outside influences or personal prejudices, then the conviction can be thrown out. It is possible that if the appeals court throws out Chauvin's murder convictions and orders a new trial, Chauvin could get off with a lighter sentence or even get acquitted despite all the damning evidence against him.
Well, the only way I see him getting off with a lesser sentence or scot-free is if the jury gets filled by members of the KKK or Charlie Kirk and Ben Shapiro who somehow managed to clone themselves.

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Old Yesterday, 04:58 PM   #32
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Default Re: What will be the likely outcome of the Derek Chauvin trial?

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Originally Posted by Falcons_11 View Post
Yes, that is true and I think that the prosecution put on a rock solid case against Chauvin and the jury did return the correct verdict. But, the actions of some outside influences, plus the fact that the judge did not sequester the jurors and denied a change of venue brief, left the door open for the defense to file an appeal to throw out the murder convictions and possibly get a new trial outside of Hennepin County . In American jurisprudence, the right to have a trial by a fair and impartial jury is sacrosanct. A jury must consider the evidence without any outside influences or personal prejudices. If the defense can prove that the jury was tainted by outside influences or personal prejudices, then the conviction can be thrown out. It is possible that if the appeals court throws out Chauvin's murder convictions and orders a new trial, Chauvin could get off with a lighter sentence or even get acquitted despite all the damning evidence against him.
Adding to this, it came out that one of the jurors did attend or participate in a black lives matter protest group, which calls into his question of impartiality in the trial, as well as how he answered questions about himself during the pre-trial stage of Jury selection.


So we’ll see what happens.


@Eivor the responses you got from others in response to replying to my post explain my perspective well. The others explained why I still fear what the appeals court does in response to these complaints.

I do think the judge should’ve sequestered the jury immediately to do everything possible to be “above reproach” to the appeals process, it’s not perfect but like why not take every precaution possible and available to the court’s process?


This is largely a downside of social media kinda creating a climate inviting people to be so outspoken on stuff, it can actually harm a lot of the legal processes meant to demonstrate impartiality when it comes to court stuff.

——
But that being said, there’s updates in the case that Justice Cahill might add extra prison time to Derek Chauvin’s conviction due to “aggravating factors” surrounding the prosecution and conviction of Chauvin.

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