Unfortunately, he was on lethal drugs and had a prior existing heart condition, and he did not die while he was in a neck hold. The prosecutor cannot prove that the policeman caused the death. He might have died at exactly the same time, and been out of breath at exactly the same time, even if he had not been in a neck hold.
As I said, the other stuff is ancillary, but when courts are on such public display as this one will be, they will not want the fact that murder can't be proven be the first bad fact about Floyd that the public has to confront.
You wouldnt know I started working in gun control because, in 2014, I asked some members of a revived Tea Party group, who were part of the new wave of gun lovers, if they'd shoot someone in the back yard for stealing an apple from an appletree. Alot of them said they would, so I asked, what if it turned out to be a child you had shot? And they all did the same thing. They all called an attorney to defend their right to shoot a child. I was surprised about it, so I did ask alot of people. About 1,500 in total. Of the people who said they'd shoot a child, all of them said they were entitled to do so, so it was the right thing to do.
If I wanted to argue about whether it was the right thing to shoot children, they said, I could argue with the attorney who had told them it was legal. Then their attorney would show me snippets of prior cases proving it was perfectly in their clients' rights to shoot children for stealing an apple off a tree in their back yard. Many of the attorneys then scolded me for upsetting their clients who had thought there was nothing wrong with killing children for stealing apples like the attorneys had told them.
I did try to raise it as a moral issue, but that didnt count.They said, it was in their cleints' rights to shoot children, so it was the right thing to do.
Since that time, the gun lovers don't argue with me any more. This year, people of that mindset just insult me. So its now become an established fact, perhaps because of me in part, that shooting children to death is morally good when in 'justifiable circumstances.'
I never actually wanted to get into arguments about when people are 'entitled' to shoot children. Now it seems to me people have already decided they are entitled to judge policeman, usually based on 10 seconds of videotape, as racist murderers. On the whole, policemen are rough, because they deal with rough people. They have reduced the crime rate from 4.5 million in 1990 to <3 million last year, with an inverse increase of people in prison. This appears too much for people of whom a substantial number not only believe its in their rights to shoot children, but also, the right thing to do.
So I don't think its a legal issue. I think Americans have decided they know everything better than the experts. Americans think they know what they should do because they have rights to do it, and therefore do not need morality. Americans think they know what their rights are because they have decided what their rights are.
Americans are taught in first grade that their natural rights are 'self-evident.' In fact, they are not. France has different natural rights, and France thinks its own natural rights are self-evident too. So rights of individuals are not self-evident. It transpires Jefferson chose life, liberty, and pursuit of happiness because:
* taking a person's life imposes our free will over the ability of God to judge that person, hence, we have right to life.
* we must be free to make our own choices so that God can judge us too, hence we have right to liberty
* acting for the greater good, rather than for our own, results in the greatest joy, therefore, we have a right to pursue happiness.
But when Americans hear that, they have physical revulsion. Ive seen it. its like they are about to vomit. Its so contrary to the purely selfish motives they had assumed their rights self-evidently entitled them, they get physically ill just hearing it.
So authority was meant to promulgate from natural rights to constitutional rights, but it has God in it, which is even more offensive. I could say alot more on that, but by then I am referred to attorneys, who these days argue the law is true because it says so, not having any better argument left.
Its the same as what people say when they say obviously police should be disbanded. When I say that would cause alot more deaths and crime, they say crime and murder would not go up because they say so. So in the end, it turns out I actually agree with you. I dont particularly think there is anything so sacrosanct about what the law says should happen either, because the USA has entirely given up on concepts of the promulgation of authority from higher principals, and regards everything in terms of some kind of self-aggrandizement game and nothing else.
However, the fact remains, the law says, Floyd could have died anyway, and could have been out of breath anyway, so there is no way to prove that the policeman is guilty of murder. Sorry.
Its like watching one of those giant marble machines, which has no idea what it is doing at all, chew itself to pieces. All the marbles carry on bouncing around, but none of them have the faintest idea what they are actually doing. Floyd--of course he could be on the verge of death when he was arrested as a result of his own behavior, but according to current opinion, that no longer matters. Its like we are just marbles or something. Likewise, we are not responsible for the murders that would happen if we demand the police be entirely disbanded. It's like we don't actually control our own lives any more.
We are driven by drugs we can't control, and hatred we can't stop, in a world whose evil justifies any action we decide is right because we think so, without even understanding how we had those rights in the first place, and if we learn wny we have those rights, we are so repulsed we get physically ill.
In that respect, the police are really no different than anyone else.