3rd degree Manslaugher - Minnesota Statute

[mysteryowl]

609.195 MURDER IN THE THIRD DEGREE.

(a) Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others AND EVINCING A DEPRAVED MIND, WITHOUT REGARD FOR HUMAN LIFE, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years.


https://www.revisor.mn.gov/statutes/cite/609.195

(Revised statute in 2019)

[elleng]

1. Thanks.

'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".In 1987, an additional drug-related provision ("without intent to cause death, proximately caus[ing] the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule I or II" was added to the definition of third-degree murder.[7][9] Up until the early 2000s, prosecutions under that provision were rare, but they began to rise in the 2010s. Some reports linked this increase in prosecutions to the opioid epidemic in the United States.'

However, as of 2017 only three states have a crime called third-degree murder.

https://en.wikipedia.org/wiki/Third-degree_murder

[sarisataka]

2. Your title says manslaughter

It should say murder.

It seems the appropriate charge at this time. To increase it to 2nd degree would require proving an additional felony was committed. That would increase the maximum sentence to 40 years

[JudyM]

4. Maybe a hate crime would do the trick.

[Jamastiene]

5. It should be charged as a hate crime.

He would not have done that to a white person.

[pwb]

9. Yea they would.

They are full of themselves because nobody else will be around them. Its a click within.

[sarisataka]

8. Minnesota doesn't really have

A separate hate crime statute. I don't think there is an enhancement to a murder charge so they will probably leave it to the Feds.

I was pointing out the title says manslaughter but the law in the body is murder

[Baclava]

3. How much is bail for a 3rd degree murder in Minnesota?

[live love laugh]

6. UMMMM problem here: "...without intent to effect the death of any person..."

The man was arrested. He was handcuffed. The police transport was available to take him in. But instead he was murdered.

What was the intent of keeping a handcuffed, subdued man pinned to the ground by a knee under the guise of waiting for ambulance--if not premeditated intent to murder?

[sarisataka]

10. The trouble with that scenario

Is they would have to prove beyond reasonable doubt it was his intention to kill Mr Floyd. A good defense attorney could hammer that and get an acquittal.

Better to go with a lesser charge and get a conviction than see him walk because of overcharging.

[Stuart G]

7. Another cop was charged and convicted of the same crime for killing someone..Got 12 years in prison.

That seems to be what was worked out. 3rd Degree murder - 12 to 25 years...in jail..(if ,and I say if,,,it follows the same pattern)

[Windy City Charlie]

11. The key to all of this

The key to all of this is how effective a prosecutor tries to prosecute the case if it goes to trial.

[gristy]

12. 3rd degree murder is the statute you have excerpted here

not 3rd degree "manslaugher"