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A woman reacts to the news that Derek Chauvin was found guilty on all three counts in the murder of George Floyd. Scott Olson/Getty Images

Opinion Why this trial was different - US experts react to guilty verdict for Derek Chauvin

US scholars analyse the guilty verdicts handed down to former Minneapolis police officer Derek Chauvin in the 2020 murder of George Floyd.

Last night,  former Minneapolis police officer Derek Chauvin was convicted of the murder of George Floyd. Here, US scholars analyse the guilty verdicts handed down to Chauvin in the 2020 murder of Floyd.

Outside the courthouse, crowds cheered and church bells sounded – a collective release in a city scarred by police killings. Minnesota’s attorney general, whose office led the prosecution, said he would not call the verdict “justice, however” because “justice implies restoration” – but he would call it “accountability.”

Race was not an issue in trial – Alexis Karteron, Rutgers University – Newark

Derek Chauvin’s criminal trial is over, but the work to ensure that no one endures a tragic death like George Floyd’s is just getting started.

It is fair to say that race was on the minds of millions of protesters who took to the streets last year to express their outrage and pain in response to the killing. Many felt it was impossible for someone who wasn’t Black to imagine Chauvin’s brutal treatment of George Floyd.

But race went practically unmentioned during the Chauvin trial.

This should not be surprising, because the criminal legal system writes race out at virtually every turn. When I led a lawsuit as a civil rights attorney challenging the New York Police Department’s stop-and-frisk program as racist, the department’s primary defence was that it complied with Fourth Amendment standards, under which police officers need only “reasonable suspicion” of criminal activity to stop someone.

Presence in what police say is a “high-crime area” is relevant to developing reasonable suspicion, as is a would-be subject taking flight when being approached by a police officer. But the correlation with race, for a host of reasons, is obvious to any keen observer.

American policing’s most pressing problems are racial ones. For some, the evolution of slave patrols into police forces and the failure of decadeslong reform efforts are proof that American policing is irredeemable and must be defunded.

For others, changes to use-of-force policies and improved accountability measures, like those in the proposed George Floyd Justice in Policing Act, are enough.

Different communities across the country will follow different paths in their efforts to prevent another tragic death like George Floyd’s. Some will do nothing at all. But progress will be made only when America as a whole gets real about the role of race – something the legal system routinely fails to do.

Derek Chauvin had his knee on George Floyd for 9 minutes, 29 seconds.

Why this trial was different – Ric Simmons, The Ohio State University

The guilty verdicts in the Chauvin trial are extraordinary, if unsurprising, because past incidents of police lethal use of force against unarmed civilians, particularly Black civilians, have generally not resulted in criminal convictions.

In many cases, the prosecuting office has been reluctant or halfhearted in pursuing the case. Prosecutors and police officers work together daily; that can make prosecutors sympathetic to the work of law enforcement.

In the Chauvin case, the attorney general’s office invested an overwhelming amount of resources in preparing for and conducting the trial, bringing in two outside lawyers, including a prominent civil rights attorney, to assist its many state prosecutors.

Usually, too, a police officer defendant can count on the support of other police officers to testify on his behalf and explain why his or her actions were justified. Not in this case. Every police officer witness testified for the prosecution against Chauvin.

Finally, convictions after police killings are rare because, evidence shows, jurors are historically reluctant to substitute their own judgment for the split-second decisions made by trained officers when their lives may be on the line.

Despite the past year’s protests decrying police violence, US support for law enforcement remains very high: A recent poll showed that only 18% of Americans support the “defund the police” movement.

But Chauvin had no feasible argument that he feared for his life or made an instinctive response to a threat.

George Floyd did nothing to justify the defendant’s brutal actions, and the overwhelming evidence presented by the prosecutors convinced 12 jurors of that fact.

Screen Shot 2021-04-21 at 07.48.13 The death of George Floyd sparked protests around the U.S. and across the world, including this June 2020 rally in Germany. AP Photo / Martin Meissner AP Photo / Martin Meissner / Martin Meissner

The ‘thin blue line’ kills – Jeannine Bell, Indiana University

Like other high-profile police killings of African Americans, the murder of George Floyd revealed a lot about police culture – and how it makes interactions with communities of colour fraught.

Derek Chauvin used prohibited tactics – keeping his knee on Floyd’s neck when he had already been subdued – to suffocate a man, an act the jury recognised as murder. Three fellow Minneapolis Police Department officers watched as Chauvin killed Floyd. Rather than intervene themselves, they have now been charged with aiding and abetting a murder because of their roles on the day.

The police brotherhood – that intense and protective “thin blue line” – enabled a public murder. Police Chief Medaria Arradondo, unusually, broke this code of silence when he testified against Chauvin.

Research shows that even if officers see a fellow officer mistreating a suspect and want to intervene, they need training to teach them how to do so effectively. The city of New Orleans is now training officers to intervene. Once training is in place, police departments could also make intervention in such situations mandatory.

When some officers stand by as other officers ignore their training, the consequences can be dangerous – and potentially lethal – for civilians.

Screen Shot 2021-04-21 at 07.49.14 After the verdicts were read, Derek Chauvin was taken into police custody to await sentencing. Court TV via AP, Pool Court TV via AP, Pool

Minnesota faces its racism – Rashad Shabazz, Arizona State University

This verdict reflects a little-known truth about Minneapolis: As the city and metro region have become Blacker and more diverse, police violence against Black people has intensified.

This is not to suggest that things have always been good for Black Minneapolis residents. Indeed, Minneapolis’ Black population – a group without political power or visibility – has faced segregation, police violence and Northern Jim Crow policies in its downtown music venues for decades.

White Minnesotans and Minneapolitans developed a false belief that somehow they were above racism; that their form of neighbourliness known as “Minnesota nice” was an antidote to anti-Blackness and that – most of all – race didn’t matter in a place as nice as Minnesota.

That false assumption was easy to believe when the Black population was small, contained and largely out of sight. But Black Minneapolis’ population growth in recent decades, and the torrent of police violence that has followed, proved otherwise.

The murder of George Floyd last year and Daunte Wright’s killing in a nearby community last week demonstrate that despite the state’s liberal posture and Lutheran ethic, institutional anti-Black racism is as Minnesotan as ice fishing, untaxed groceries and “ya, sure, youbetcha” memes.

[Understand key political developments, each week. Subscribe to The Conversation’s election newsletter.]The Conversation

Alexis Karteron, Associate Professor of Law, Rutgers University - Newark ; Jeannine Bell, Professor of Law, Maurer School of Law, Indiana University; Rashad Shabazz, Associate Professor at the School of Social Transformation, Arizona State University, and Ric Simmons, Professor of Law, The Ohio State University This article is republished from The Conversation under a Creative Commons license. Read the original article.

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    Mute Justin Gillespie
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    Apr 21st 2021, 8:50 AM

    As long as guns are so freely available in America then policing is going to be a fraught affair with the ever present possibility of things going badly wrong.
    Yes, Chauvin is guilty and he represents a hatefulness that has to be sorted but until the huge issue of guns is addressed then there are going to be incidents every week.

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    Mute Jason Shortt
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    Apr 21st 2021, 9:17 AM

    @Justin Gillespie: There was no gun involved in this incident.

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    Mute Justin Gillespie
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    Apr 21st 2021, 9:39 AM

    @Jason Shortt: Agreed but this case was the exception in that regard, guns are involved in the vast majority of cases that have led to the present lack of confidence in policing.

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    Mute Jason Shortt
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    Apr 21st 2021, 9:45 AM

    @Justin Gillespie: that’s simply not true. The vast majority of police interactions, including arrests, in the US do not involve guns.

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    Mute Jack Cass
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    Apr 21st 2021, 9:38 AM

    How are people in America going to react when applications to join their police force dries up? Who is going to protect them from the criminal elements? Remember the wide spread crime in major cities like New York, Baltimore, Chicago and Los Angeles and that was with sufficient police numbers. As the old phrase goes, “its all fun and games until someone gets hurt”.

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    Mute Brendan Cooney
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    Apr 21st 2021, 10:34 AM

    @Jack Cass: problem is that the people already getting hurt are those the police are meant to be protecting. The public. Guns are drawn for such minor infringements such bulb blown in your car etc etc.

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    Mute Mog
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    Apr 21st 2021, 10:54 AM

    @Jack Cass: If applications dry up because people have seen someone caught on video killing someone and then convicted of murder then I’d be concerned about the type of individual applying.

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    Mute Aaron92utd
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    Apr 21st 2021, 9:28 AM

    Chauvin got what he deserved flloyd didnt.

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    Mute Damien Leahy
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    Apr 21st 2021, 9:54 AM

    @Aaron92utd: except there was no damage to neck or windpipe which would suggest he’s at least innocent of murder.

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    Mute Breda Kelly
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    Apr 21st 2021, 10:21 AM

    @Damien Leahy: Suffocation .

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    Mute Damien Leahy
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    Apr 21st 2021, 10:35 AM

    @Breda Kelly: no damage to the windpipe like I said. There would be damage to the wind pipe such as burst blood vessels etc if that was the case.

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    Mute DJ François
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    Apr 21st 2021, 10:43 AM

    @Damien Leahy: did you sit through all the evidence and on a jury? No.

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    Mute Damien Leahy
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    Apr 21st 2021, 11:25 AM

    @DJ François: did you?

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    Mute Deirdre O'Byrne
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    Apr 21st 2021, 11:53 AM

    @Damien Leahy: good grief Dr. Leahy can you *actually* not think of a way someone could suffocate while having a knee on their back and neck which wouldn’t damage the windpipe? It doesn’t take much intelligence or imagination to see how that could happen. Go back to med school.

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    Mute Damien Leahy
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    Apr 21st 2021, 12:28 PM

    @Deirdre O’Byrne: it’s impossible not to have damage to the windpipe feel free to look it up for yourself. Find a case where someone has been suffocated and zero damage. Use your head he was saying he couldn’t breath while he was standing up. There was no bruise on his neck either. It takes a great deal of force to strangle a person. No damage. Ya that’s not weird at all.

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    Mute Damien Leahy
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    Apr 21st 2021, 12:31 PM

    @Deirdre O’Byrne: he also had a weak heart which the prosecution said was a strong heart from been weak for so long…….that makes zero sense.

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    Mute Deirdre O'Byrne
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    Apr 21st 2021, 1:51 PM

    @Damien Leahy: they also said he suffocated due to carbon monoxide inhalation from the tailpipe. Now what kind of windpipe damage would be inflicted by suffocation from carbon monoxide?

    And you are conveniently and predictably forgetting about the knee to the back, which impaired lung capacity. Now what kind of windpipe damage stems from impaired lung capacity?

    Black lives matter. So do facts.

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    Mute Damien Leahy
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    Apr 21st 2021, 2:20 PM

    @Deirdre O’Byrne: wait so it wasn’t the knee to his neck that caused his death? You’re backtracking now aren’t ya. I didn’t forget about the knee to the back at all. They had a specialist on court to say that say 102kg of force would had to be applied before it would make breath difficult from the prone position, it also showed that by kneeling on someone in the prone position you’d only be able to apply about 12 percent of your own body weight. So what was the cause of death Deirdre?

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    Mute Damien Leahy
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    Apr 21st 2021, 2:22 PM

    @Deirdre O’Byrne: it seems to me like there was grounds for reasonable doubt. Did the cop do wrong ya. Did he murder him? I don’t think so

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    Mute Deirdre O'Byrne
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    Apr 21st 2021, 2:27 PM

    @Damien Leahy: oh good grief. You need to get in touch with the defence team and tell them that you can secure Chauvin’s release on appeal. Because if you don’t do it – if you don’t offer your medical expertise – then you are condemning an innocent man to prison. And what would that make you????

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    Mute Damien Leahy
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    Apr 21st 2021, 2:31 PM

    @Deirdre O’Byrne: come on now Deirdre did you even follow the trial or are you just full of sh it?

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    Mute Damien Leahy
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    Apr 21st 2021, 2:34 PM

    @Deirdre O’Byrne: sarcasm……really? That’s all you got? Grow up ffs.

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    Mute Deirdre O'Byrne
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    Apr 21st 2021, 2:58 PM

    @Damien Leahy: no it wasn’t sarcasm – it was me taking the nonsense you’ve spouted seriously. So you aren’t going to do anything with your groundbreaking insights? Sounds like you don’t have the courage of your convictions if you ask me.

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    Mute Damien Leahy
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    Apr 21st 2021, 4:03 PM

    @Deirdre O’Byrne: what nonsense?I only said what was said in court. You make statements with nothing to back it up. How could he inhale fumes from the tailpipe if he couldn’t breath from the cops knee on his neck? How is that possible?

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    Mute Fiona Fitzgerald
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    Apr 21st 2021, 4:58 PM

    @Damien Leahy: Have you never seen cases where people are pressed to death? He was callously suffocated.

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    Mute Adrian O'Donnell
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    Apr 21st 2021, 10:35 AM

    The judge slammed the opinions of several politicians and sequestered the jury in response. Then he suggested Chauvin appeal the sentence. If you want bad guys to stay behind bars, the media and how they handle court cases needs to move to a model like ours, or every guilty verdict can and will be justifiably appealed. Further to that, the media attention spirals out of control and what should be a straightforward trial ends up being a political behemoth. It’s farcical.

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    Mute Colleen
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    Apr 21st 2021, 12:59 PM

    @Adrian O’Donnell: you’re not wrong there, Adrian. How anyone gets a fair trial in America is beyond me.

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    Mute Pauric J O'Brien
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    Apr 21st 2021, 1:58 PM

    The above article is not a conversation, its a mutual appreciation of a one sided view. I’m seeing a lot of this lately, journal should be a little less bias and at least include both sides of the argument.
    The guy may have been guilty on negligent manslaughter, but not on the murder charges, there was no intent to kill. He will appeal and hopefully get a fair trial next time.

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    Mute Deirdre O'Byrne
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    Apr 21st 2021, 3:13 PM

    @Pauric J O’Brien: the murder charges he faced do not require an intent to kill. So yes there is bias, but it isn’t with the article above.

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    Mute Joe Healy
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    Apr 21st 2021, 3:18 PM

    @Pauric J O’Brien: what’s the difference between intent and knowing that that you are slowly taking the life of someone while in the act of carrying it out.

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    Mute John gaughan
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    Apr 21st 2021, 9:27 AM

    We have enough crime in Ireland besides talking about some lunatic of a cop in the US

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    Mute Deirdre O'Byrne
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    Apr 21st 2021, 11:54 AM

    @John gaughan: like we don’t have our own lunatic cops?

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    Mute Damien Leahy
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    Apr 21st 2021, 12:44 PM

    @Deirdre O’Byrne: good grief. Who would you call in an emergency then?

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    Mute Disco Inferno
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    Apr 21st 2021, 12:56 PM

    @Deirdre O’Byrne: like?

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    Mute Deirdre O'Byrne
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    Apr 21st 2021, 1:52 PM

    @Disco Inferno: eh? You mean all our cops are lily white?

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    Mute Lotus
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    Apr 21st 2021, 11:09 AM

    He took the verdict quite well in fairness to him.

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