Prof. Frase Quoted in Newsweek Article Examining Potential Legal Arguments in Case Brought Against Four Former Police Officers Charged in the Tragic Killing of George Floyd

Professor Richard Frase was quoted in a Newsweek article examining charges brought against four former Minneapolis police officers involved in the killing of George Floyd. Professor Frase noted that Minnesota’s second degree felony murder law is one of the broadest in the country, and that this charge—based on intentional felony assault—also made it easier to charge the other three officers as accomplices. The other murder and manslaughter charges that were filed do not require proof of any intent to cause bodily harm, and thus raise a classic criminal law conundrum: can a person intentionally aid and abet an unintentional crime? But, Frase further noted, even under the felony murder charge one of the other officers may have a defense. Although Officer Lane’s repeated requests to turn Floyd on his side shows that Lane was aware of the seriousness of the risk to Floyd’s safety, those requests could also be seen as a reasonable effort (given Lane’s junior-officer status) to prevent the knee-on-the-neck assault on Floyd by veteran officer Chauvin.