On Monday (April 19), Judge Cahill delivered instructions on the law to the jury, as discussed below. Then attorneys for the prosecution and Chauvin gave their closing arguments, which will be discussed in a subsequent post, while we and millions of people await the jury’s verdict.
The Jury Instructions are contained in a 14-page document: single-spaced (with extra space between paragraphs and headings). The following contains the headings with occasional portions of the actual text and without the details on subjects in brackets and without the instructions after the closing arguments of the parties.[1]
[Duties of Judge and Jury]
[Instructions To Be Considered as a Whole]
[Presumption of Innocence]
Proof Beyond a Reasonable Doubt
Proof beyond a reasonable doubt is such proof as ordinarily prudent men and women would act upon in their most important affairs. A reasonable doubt is a doubt based upon reason and common sense. It does not mean a fanciful or capricious doubt, nor does it mean beyond all possibility of doubt
[Direct and Circumstantial Evidence]
[Statements of Judge and Attorneys]
[Multiple Charges to be Considered Separately]
[Definitions of Words and Phrases]
COUNT I
The defendant is charged in Count I with Murder in the Second Degree in connection with the death of George Floyd.
Definition
Under Minnesota law, a person causing the death of another person, without intent to cause the death of any person, while committing or attempting to commit a felony offense is guilty of the crime of Murder in the Second Degree. (Emphasis added.)
Elements
The elements of the crime of Murder in the Second Degree while committing a felony are:
First Element: The death of George Floyd must be proven.
Second Element: The Defendant caused the death of George Floyd. (Emphasis in original.)
Third Element: The Defendant, at the time of causing the death of George Floyd, was committing or attempting to commit the felony offense of Assault in the Third Degree. It is not necessary for the State to prove the Defendant has an intent to kill George Floyd, but it must prove that the Defendant committed or attempted to commit the underlying felony of Assault in the Third Degree. (Emphases in original.)
There are two elements of Assault in the Third Degree:
(1) Defendant assaulted George Floyd.
“Assault “ is the intentional infliction of bodily harm upon another or the attempt to inflict bodily harm upon another. The intentional infliction of bodily harm requires proof that the Defendant intentionally applied unlawful force to another person without that person’s consent and that this act resulted in bodily harm. (Emphases in original.)
- Defendant inflicted substantial bodily harm upon George Floyd. It is not necessary for the State to prove that the Defendant intended to inflict substantial bodily harm, or knew that his actions would inflict substantial bodily harm, only that the Defendant intended to commit the assault and that George Floyd sustained substantial bodily harm as a result of the assault. (Emphases in original.)
Fourth Element:. The Defendant’s act took place on or about May 25, 2020 in Hennepin County.
If you find that each of these elements has been proved beyond a reasonable doubt, the Defendant is guilty of this charge. If you find that any of these elements has not been proven beyond a reasonable doubt, the Defendant is not guilty of this charge, unless you find that the Defendant is liable for this crime committed by another person or persons according to the instruction below on page 8 under the heading ”Liability for Crimes of Another.”
Count II
The Defendant is charged in Count II with Murder in the Third Degree in connection with the death of George Floyd.
Definition
Under Minnesota law, a person causing the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, but without intent to cause the death of any person, is guilty of Murder in the Third Degree. (Emphasis added.)
Elements
The elements of the crime of Murder in the Third Degree are:
First Element: The death of George Floyd must be proven.
Second Element: The Defendant caused the death of George Floyd. (Emphasis in original.)
Third Element: The defendant caused the death of George Floyd by an intentional act that was eminently dangerous to other persons. A person commits an act eminently dangerous to others when the act is highly likely to cause death.(Emphases in original.)
Fourth Element: Defendant acted with a mental state consisting of reckless disregard for human life. The Defendant’s act may not have been specifically intended to cause death, and may not have been specifically directed at the particular person whose death occurred, but it must have been committed with a conscious indifference to the loss of life that the eminently dangerous act could cause. (Emphases in original.)
Fifth Element: The Defendant’s act took place on or about May 25, 2020 in Hennepin County.
If you find that each of these elements has been proven beyond a reasonable doubt, the defendant is guilty of this charge. If you find that any of these elements has not been proven beyond a reasonable doubt, the Defendant is not guilty of this charge, unless you find that the State has proven beyond a reasonable doubt that the Defendant is liable for this crime committed by another person or persons according to the instruction below on page 8 under the heading “Liability for Crimes of Another.”
COUNT III
The Defendant is charged in Count III with Manslaughter in the Second Degree in connection with the death of George Floyd.
Definition
Under Minnesota law, whoever, by culpable negligence, whereby he creates an unreasonable risk and consciously takes the chance of causing death or great bodily harm to another person, causes the death of another is guilty of Manslaughter in the Second Degree.
The Defendant is charged with committing this crime or intentionally aiding the commission of this crime.
Elements
The elements of Manslaughter in the Second Degree are:
First Element: The death of George Floyd must be proven.
Second Element: The Defendant caused the death of George Floyd, by culpable negligence, whereby the Defendant created an unreasonable risk and consciously took a change of Causing death or great bodily harm. “Culpable negligence” is intentional conduct that the Defendant may not have intended to be harmful but that an ordinary and reasonable prudent person would recognize as involving a strong probability of injury to others. (Emphases in original.)
Third Element: The Defendant’s act took place on or about May 25, 2020 in Hennepin County.
If you find that each of these elements has been proven beyond a reasonable doubt, the defendant is guilty of this charge. If you find that any of these elements has not been proven beyond a reasonable doubt, the Defendant is not guilty of this charge, unless you find that the State has proven beyond a reasonable doubt that the Defendant is liable for this crime committed by another person or persons according to the instruction below on page 8 under the heading “Liability for Crimes of Another.”
[LIABILITY FOR CRIMES OF ANOTHER]
Defense: Authorized Use of Force by a Police Officer
No crime is committed if a police officer’s actions were justified by the police officer’s use of reasonable force in the line of duty in effecting a lawful arrest or preventing an escape from custody. (Emphases in original.)
The kind and degree of force a police officer may lawfully use in executing his duties is limited by what a reasonable police officer in the same situation would believe to be necessary. Any use of force beyond that is not reasonable. To determine if the actions of the police officer were reasonable, you must look at those facts which a reasonable officer in the same situation would have known at the precise moment the officer acted with force. You must decide whether the officer’s actions were objectively reasonable in light of the totality of the facts and circumstances confronting the officer and without regard to the officer’s own subjective state of mind, intentions, or motivations. (Emphases in original.)
The Defendant is not guilty of a crime if he used force as authorized by law.
To prove guilt, the State must prove beyond a reasonable doubt that the Defendant’s use of force was not authorized by law.
[Evaluation of Testimony—Believability of Witnesses]
[Expert Testimony]
Defendant’s Right Not to Testify
The State must convince you by evidence beyond a reasonable doubt that the Defendant is guilty of the crime charged. The Defendant has no obligation to prove his innocence. The Defendant has the right not to testify. This right is guaranteed by the federal and state constitutions. You should not draw any inference from the fact that the Defendant has not testified in this case.
[Impeachment]
Evidence of Other Occurrences Involving George Floyd
You have heard evidence of an occurrence involving George Floyd on May 6, 2019. As I told you at the time this evidence was offered, it was admitted solely for the limited purpose of showing what effects the ingestion of opioids may or may not have had on the physical wellbeing of George Floyd. this evidence is not to be used as evidence of the character of George Floyd.
[Demonstrative Evidence]
[Definition of Words]
[Rulings on Objections to Evidence]
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[1] District Court, Jury Instructions, https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12646/JuryInstructions04192021.pdf; Read the judge’s instructions to the jury in the Derek Chauvin murder trial, StarTribune (April 19, 2021); https://www.startribune.com/read-the-judges-instructions-for-the-jury-in-the-derek-chauvin-murder-trial/600047788; Read: Judge’s instructions to Derek Chauvin trial jurors, Wash. Post (April 19, 2021), https://www.washingtonpost.com/context/read-judge-s-instructions-to-derek-chauvin-trial-jurors/5b3517cb-bfa2-4dad-957e-11acfb2783f2/.
