How will the verdict in the Floyd Case be taken and what does it take for there to be a judgment against Derek Chauvin?

The United States is closely following the end of the trial against the former police officer Derek Chauvin, accused of killing the African American by suffocation George Floyd.

The case has become a symbol of police abuse and racial inequality in a country where violence is an urgent problem to address.

In addition, in recent weeks, 20-year-old African-American Daunte Wright and 13-year-old Latino Adam Toledo were shot dead by police officers in Brooklyn Center, Minnesota, and Chicago, Illinois.

Floyd, 46, died on May 25, 2020, when Chauvin pressed his knee on the African-American’s neck for nine minutes and 29 seconds. The events, which occurred in Minneapolis, Minnesota, were the trigger for the largest wave of protests and race riots in the United States in decades. The outrage grew even more after the videos of the last minutes of Floyd’s life were broadcast, whose phrase “I can’t breathe” went around the world.

SIGHT: LIVE | George Floyd “asked for help with his last breath,” says prosecutor in the case

Throughout the oral trial, which began on March 29, the prosecution has argued that Floyd died of asphyxia caused by Chauvin. For its part, the defense of the former policeman has defended that his death was for other reasons, such as underlying diseases, high blood pressure, the stress of the moment and the consumption of opiates.

Medical experts summoned by the prosecution have said that the death of the African American was caused by a “low level of oxygen” due to the restraint of Chauvin’s neck and not by drugs or pre-existing conditions.

Tributes to George Floyd and calls for justice for discriminated communities have increased in recent weeks. (Photo: REUTERS / Octavio Jones) (OCTAVIO JONES /)

Chauvin refused to testify under the Fifth Amendment to the United States Constitution that grants any individual the right not to testify if their words can be used to harm them.

During the closing arguments of this trial, the prosecutor Steve Schleicher emphasized before the jury that “the case is called ‘State of Minnesota against Derek Chauvin’; It is not called ‘Minnesota state against the Police’ ”.

Schleicher stressed that the way Chauvin acted “It’s not the way the cops are trained, following the rules […] The defendant is on trial not for who he was, but for what he did”.

Differences between charges

Former Agent Derek Chauvin is indicted on three counts: second degree unintentional murder, third degree murder and second degree murder.

To get a conviction for second degree unintentional murder, prosecutors have to prove that Chauvin caused Floyd’s death while assaulting him. It is the most serious charge and is punishable by up to 40 years in prison.

Derek Chauvin, the former Minneapolis cop, is accused of ending the life of George Floyd. (Photo: AFP)

Regarding third degree murder, the regulations indicate that prosecutors are required to prove that someone caused the death of another person “by perpetrating an eminently dangerous act for others and showing a depraved mind, without taking into account human life”.

The Minnesota newspaper “Star Tribune” indicates that legal experts point out that the definition of “depraved mind” is unclear, as is the legal line between “depraved mind” and the standard of “culpable negligence” for manslaughter. . This crime carries a maximum sentence of 25 years.

The third charge, that of murder in the second degree, carries up to 10 years of deprivation of liberty. For Chauvin to be charged with this crime, it must be shown that the ex-agent was “negligent guilty” and took an “unreasonable risk” with Floyd’s life when he arrested him and that his actions put the African American at risk of death or great harm.

“Prosecutors do not have to prove that Chauvin’s actions were intended to cause Floyd’s death, only that his actions put Floyd at risk of death or great bodily harm.”Indicates“ Star Tribune ”.

However, because he has no criminal record, Chauvin could only face a maximum of 12 and a half years in prison for the first two charges and 4 years in prison for the third.

Three other former police officers implicated in George Floyd’s arrest on May 25, 2020, will be tried separately later this year on charges of complicity.

Protest against racism and police violence in Minneapolis, Minnesota. (Photo: AFP) (KEREM YUCEL /)

Unanimity in the verdict

The prosecution and the defense present their versions of the case for the last time this Monday before a jury made up of fourteen people, although in the end there will be twelve who will deliberate and dictate the verdict, since two of them fulfill the role of substitutes.

The jury is made up of nine women and five men. Eight of them identify as white, four as black and two as mestizo. Their ages range from 20 to 60 years.

The judicial authorities have guaranteed to all the possible members of the jury that, although the case enjoys unprecedented television coverage, they would only be known as a number. However, their names will be made public after the trial.

For there to be a guilty finding, the verdict must be unanimous based on the evidence and arguments presented during the trial.

If jurors feel they cannot reach a verdict on a particular charge they will have to report it to Hennepin County District Judge Peter Cahill.

Judges often instruct jurors to back off and keep trying and listen carefully to the arguments and opinions of others. As a result, deliberations could take hours, days, or weeks.

What happened to Floyd and other African-American victims of police abuse sparked a wave of protests in the United States. (Photo: Kerem Yucel / AFP) (KEREM YUCEL /)

“Basically, it depends on the jury how long it deliberates, how long it takes to reach a unanimous decision in any case. And so because that is totally up to them, be it an hour or a week, it is completely within their jurisdiction.Cahill told jurors last Thursday, the newspaper reports.The New York Times”.

If the jury is unable to reach a decision on one or more charges, the judge can declare the trial mistrial and the process would begin again.

Locked up and isolated from the outside

After hearing arguments from both sides, the jurors will pack their bags without knowing for sure when they will return home.

The jury will isolate themselves and lock themselves in a hotel to review all the evidence presented at trial and arrive at a sentence. The idea is that those who deliberate on the case are removed from outside influences that could affect their opinion.

Each day, the members of the jury will deliberate until the afternoon. They will not have their phones or electronic devices with them. The US media have also explained that they will be escorted everywhere by the sheriff’s deputies, who will make sure that they are safe and that no one has contact with them.

Mark Osler, a professor at the University of St. Thomas School of Law in Minneapolis, told NBC that the decision to isolate a jury is standard in high-profile cases.