The Law And Derek Chauvin: A Clear Breach

On May 25, 2020, former Minneapolis police officer Derek Chauvin knelt on George Floyd's neck for nine minutes and 29 seconds, ultimately killing him. Floyd was handcuffed and lying face down on the street, and video footage showed him repeatedly saying I can't breathe. Chauvin was subsequently dismissed and arrested by the Minneapolis Police Department. In 2021, Chauvin was tried and convicted for the murder of Floyd and was sentenced to 22 and a half years in prison. However, the question of whether Chauvin broke the law has been a subject of debate, with some arguing that he followed his training and that Floyd's death was not a result of murder but rather a cardiac arrest brought on by cardiac arrest and drug use.

Derek Chauvin's use of force

Chauvin's defence team argued that his use of force was justified and that he acted with "objective reasonableness" during the arrest. Barry Brodd, a use-of-force expert and former police officer, testified that Chauvin's actions were justified by Floyd's resistance and the imminent threat posed by him. Brodd also referenced the Graham v. Connor Supreme Court case, which ruled that an officer's use of force must be "objectively reasonable" and that officers are often forced to make split-second judgments. He added that Chauvin's use of force was not deadly and that the officers would have been justified in using even more force.

However, Seth Stoughton, a former police officer, use-of-force expert, and law professor, testified for the prosecution that Chauvin's use of force was not reasonable. Stoughton stated that no reasonable officer would have believed that Chauvin's actions were appropriate, acceptable, or reasonable. He explained that an officer's use of force must be reasonable when it starts and must remain reasonable throughout its implementation. Stoughton also clarified that the prone position, which Chauvin used on Floyd, is only supposed to be transitory and not last for an extended period.

Chauvin was ultimately convicted of unintentional second-degree murder, third-degree murder, and second-degree manslaughter. He was sentenced to 22 and a half years in prison, with the possibility of supervised release after 15 years. Chauvin also pleaded guilty to federal charges of violating Floyd's civil rights by using unreasonable force and ignoring his serious medical needs. He was sentenced to an additional 21 years in prison for these violations, with the federal and state sentences running concurrently.

The role of the bystanders

The murder of George Floyd by Derek Chauvin, a former Minneapolis police officer, sparked protests against racial injustice and police brutality worldwide. The trial recalled a bygone mode of justice, in which witnesses decided the defendant's fate. The role of the bystanders was crucial in convicting Chauvin, as their documentation of the incident and their emotional responses provided key evidence and context for the jury.

Darnella Frazier, a teenage bystander, recorded a widely circulated video of the incident on her phone, which many believe was instrumental in Chauvin's conviction. Frazier testified during the trial about her Black family and friends, saying that Floyd "could have been one of them." She expressed her sense of helplessness and the trauma she experienced as a witness to the killing. Other bystanders also testified about their feelings of powerlessness and the trauma they endured.

The prosecution urged the jury to "believe your eyes," and the bystanders' documentation and emotional responses played a vital role in shaping the jury's perception of the incident. The bystanders' bearing of witness enabled the jurors to bear witness too, and ultimately, affirm what the bystanders allowed them to see and feel.

In addition to Frazier, several other bystanders provided crucial eyewitness testimony, including:

• Alisha Oyler, who filmed the murder.
• Donald Williams II, a professional MMA fighter, who testified that Chauvin's action of kneeling on Floyd's neck was a "blood choke" and "torture."
• Genevieve Hansen, an EMT-certified firefighter, who witnessed Floyd's condition and wanted to provide treatment but was denied access by the police.
• Christopher Belfrey, who began recording a video after seeing officer Lane point a gun at Floyd.
• Charles McMillian, who had a conversation with Floyd when he was in the police car.
• Darnella Frazier and three other underage witnesses testified off-camera about their experiences as bystanders.

The bystanders' role extended beyond the courtroom, as another larger crowd of bystanders, who had seen the video and engaged in mass protests, felt helpless as they awaited the jury's decision. The social and political movement that arose from the incident helped bring about a correct but rare outcome in a case involving police use of force.

The actions of the Minneapolis Police Department

In the Floyd incident, Chauvin knelt on Floyd's neck for about nine minutes while Floyd was handcuffed and lying face down, calling out "I can't breathe". This use of force was later deemed excessive by law enforcement experts and violated MPD policy, training, and ethics. The MPD's training division commander, Inspector Katie Blackwell, testified that officers were trained to use their arms, not their knees, to carry out neck restraints. She also stated that officers were taught about positional asphyxia and instructed to move restrained individuals to their sides as soon as possible.

Chauvin had 18 complaints on his official record with the MPD, including two letters of reprimand for misconduct. He was also involved in three police shootings, one of which was fatal. Despite this, he received two medals of valor and two commendation medals during his tenure with the department.

In the wake of the Floyd murder, the MPD's response to protests and civil unrest has also come under scrutiny. In the lead-up to Chauvin's trial, the department spent $1 million on fencing and barricades for government buildings and police stations. The MPD's handling of these protests has been criticised by some as heavy-handed and excessive.

Additionally, the MPD has been accused of racial discrimination in the aftermath of Floyd's murder. Eight correctional officers filed a discrimination complaint, alleging that non-white guards were not allowed to work on the floor where Chauvin was being held following his arrest. The officers also claimed that a white lieutenant had special access to Chauvin and was seen sitting on his bed, appearing to comfort him. These allegations have sparked an investigation by the Minnesota Department of Human Rights.

The MPD's actions during Chauvin's trial also raised concerns. The department was criticised for promoting a lieutenant who had sent a racist email to the homicide unit leader position. This move was seen as tone-deaf and insensitive given the racial implications of the Chauvin case.

Overall, the Minneapolis Police Department has faced intense scrutiny and criticism for its actions before, during, and after the George Floyd incident. Issues of excessive force, racial discrimination, and mishandling of protests have all been raised, leading to a loss of trust and confidence in the department by the community.

The trial and conviction

The trial of Derek Chauvin, a former Minneapolis police officer, began on March 8, 2021, at the Hennepin County Government Center. It was the first time that a judge in Minnesota authorized cameras to show a full criminal trial. The trial was highly publicized, with over 23 million people watching the verdict being announced on live television.

Chauvin was tried and convicted for the murder of George Floyd, which occurred during an arrest on May 25, 2020. He was found guilty of unintentional second-degree murder, third-degree murder, and second-degree manslaughter. It was the first conviction of a white police officer in Minnesota for the murder of a black person.

Chauvin was one of four officers involved in the arrest of George Floyd, who was suspected of using a counterfeit $20 bill at a market. Chauvin knelt on Floyd's neck for nine minutes and 29 seconds while Floyd was handcuffed and lying face down. For part of the time, two other officers knelt on Floyd's back. During the final two minutes, Floyd was motionless and had no pulse.

The trial received extensive media coverage and sparked protests and demonstrations across the United States and the world. The prosecution and defense presented their cases over several weeks, with 38 witnesses testifying for the prosecution and seven for the defense. The defense argued that Chauvin followed his training and that Floyd's death was due to drug use and pre-existing medical conditions, while the prosecution maintained that Chauvin's actions were unreasonable and violated department policy.

On April 20, 2021, the jury found Chauvin guilty on all three counts. He was sentenced to 22.5 years in prison, with the possibility of supervised release after serving two-thirds of his sentence. Chauvin appealed his conviction, arguing that pre-trial publicity and the settlement between the city of Minneapolis and the Floyd family prejudiced the jury. However, his appeals were denied by the Minnesota Supreme Court and the Supreme Court of the United States.

The appeals process

On April 20, 2021, Derek Chauvin was convicted of the murder of George Floyd and sentenced to 22 and a half years in prison. In December 2021, Chauvin pleaded guilty to federal charges of violating Floyd's civil rights. He was sentenced to 21 years in prison for these federal charges, to be served concurrently with his state sentence.

Chauvin appealed his conviction, arguing that he did not receive a fair trial due to pre-trial publicity and that the potential for civil unrest if he was acquitted may have influenced the jury. He also claimed that his original defence team was ineffective and that the prosecution committed discovery violations. In April 2023, a three-judge panel of the Court of Appeals affirmed Chauvin's conviction. In July 2023, the Minnesota Supreme Court denied Chauvin's request to review the case.

In November 2023, Chauvin's appeal was rejected by the U.S. Supreme Court, which left in place the state court rulings that affirmed his conviction and sentence. Chauvin is also appealing his conviction on federal civil rights charges.

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