DrPhil
Outstanding Member
The literal definition state that intent must be proved. I'm not just stating opinions here, the legal definition is clear.There's no intent to prove I don't think.
I completely agree that there was no justification in the 8 minutes. But that's the difference between 3rd and 2nd degree.
3rd degree only needed the prosecution to prove that Chauvin's behaviour was criminally reckless and directly led to Floyd's death.
2nd degree needs them to prove that he did it on purpose. And whether he did ot not, proving his intent is nigh on impossible. Proving that it was disgusting and negligent would be much easier, because it mitigates the defence case that Floyd was not killed by asphyxiation.