Tag Archives: george floyd murder

How the Chauvin Trial Will Go, and other matters of White supremacy

I don’t expect convictions in the Chauvin or Rittenhouse trials.

In both cases, it is about White supremacy. I don’t subscribe to the idea half of the country comprises batshit crazy right wing red hat wearing insurrectionist Nazis. Not half. But enough that in putting together a pool of 12 people, it is almost impossible to not get one or two. They will obviate any criminal jury decision. This will apply to these two trials as well as many of the Capitol attack/Jan 6th criminals as well.

I believe the following things are true, correct me if I’m wrong.

1) Criminal trials require a unanimous decision and for burden of proof, rely on the concept of “shadow of doubt.”

2) Civil trials require a majority decision, and for burden of proof, rely on the concept of preponderance of evidence.

4) Normally, day to day, when a jury trial happens, there is a conviction most of the time.

5) On the infrequent occasion when a trial is highly visible and the stakes include things like White supremacy or other socio-political issues, when a jury trial happens, there is a hung jury or acquittal.

(Those last two points are conjecture, but it feels that way.)

Given all this, I expect these trials to involve both acquittals and some sort of examination of our thousand-year old history of the jury system. (The latter will lead to nothing.) I expect that in a subset of these cases (including the murder of Mr. Floyd) there will be a civil trial, and the civil trial will produce the equivalent of a conviction. And yes, I do think the OJ Simpson saga fits into this pattern.

Fight me.