Suppose that Chauvin is acquitted. If so, then I would argue that it is irresponsible for any leading media outlet or politician to denounce the criminal justice system. That would be equivalent to delegitimizing the 2020 election and claiming that it was stolen.
Of course, I expect some people to denounce the criminal justice system if there is an acquittal. But elites should be obligated to say that they accept the decision of the jury. I fear that we will not see them do so.
I am not saying that it will be an injustice if Chauvin is found guilty. But there are some factors that mightlead to an acquittal.
It is ironic that much of the trial will focus on the issue of proper police procedure. In Chauvin’s case, proper procedure would have been to investigate the incident before filing charges. I have read that this procedure was not followed. As a result, evidence has emerged subsequent to his being charged that makes the charges less justified than when they first were made.
I am not a lawyer. But my impression is that to prove even the weakest charge, manslaughter, the prosecution must show that
(a) Chauvin’s conduct was reckless, the way that drunk driving is reckless.
(b) Chauvin’s conduct contributed to George Floyd’s death.
To believe (a), you have to take into account the way that Floyd resisted arrest and the challenges that police face when someone resists arrest. You must believe that Chauvin’s actions were highly abnormal for a police officer in those circumstances. And you must believe this beyond a reasonable doubt.
To believe (b), you have to believe that had Floyd been left unrestrained, he would have survived the drugs he ingested. And this, too, must be true beyond a reasonable doubt, no?
Please restrict comments to correcting my amateur legal “analysis.” If you have general opinions related to the trial and protests and such, please refrain from putting them in the comments.