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2022-09-21 at 2 PM UTC in Deleted posts for: Truth Detailshttps://www.pbs.org/newshour/nation/lung-expert-testifies-george-floyd-died-because-his-breathing-was-restricted
Lung expert testifies George Floyd died because his breathing was restricted
Floyd died because his upper airway was compressed by Officer Derek Chauvin’s knee, while his position on the hard asphalt with his hands cuffed behind his back — as two other officers helped hold him down — did not allow his lungs to expand, Dr. David Systrom said. That restricted the flow of oxygen and raised carbon dioxide levels in his body, Systrom, a pulmonologist and critical care physician at Brigham and Women’s Hospital in Boston, said at the federal trial for J. Alexander Kueng, Thomas Lane and Tou Thao.
“Oxygen delivered to the heart and brain is critical to survival,” Systrom said, later calling Floyd’s death “an eminently reversible respiration failure event.” -
2022-09-21 at 1:59 PM UTC in Deleted posts for: Truth Details
The answer, as it is to most legal questions, is it matters. First, it matters if there are multiple convictions related to a single incident. When that is the case, Penal Code § 654 prohibits multiple punishment for the same act. The judge can impose punishment for only one of the acts and must otherwise “stay” punishment for the others, meaning it is not imposed. The judge would then impose punishment for the longest term, looking at both the base term and any sentence enhancements.
For example, under Penal Code § 654, for a person with one prior strike conviction, the judge may impose a four-year term for one count, double it to eight years and then add a five-year enhancement for a prior serious felony conviction. Punishment on other convictions from the same incident at the same time would be at one-third of the mid-term punishment for the crime, then added to the underlying 13 years in this case, for example.
Please note that by its terms, however, § 654 does not prohibit multiple punishment for multiple punishment of the same statute. For example, in People v. Correa (2012) 54 Cal.4th 331, 244, defendant, a felon, was found hiding with seven guns and the judge was punished for seven counts of felon-in-possession of a handgun.
When Penal Code § 654 is not an issue, special rules apply with respect to whether a defendant will serve sentences for multiple counts concurrently or consecutively. In general, unless a judge specifies to the contrary, sentences are presumed to run concurrently. Penal Code § 669.
It is good to note that when a judge imposes concurrent sentences and one or more of the crimes is required to be served in state prison and one or more of the crimes is to be served in county jail, the sentence is served in state prison. Penal Code § 669(d); People v. Torres (2013) 213 Cal.App.4th 1151, 1160.
If, however, a judge decides to impose consecutive (i.e. one after the other) sentences, the judge must follow the sentencing rules set out at Penal Code §§ 669 and 1170.1(b). The judge must first select a “principal term” and set out its reasoning on the record for that term. The principal term must be the longest punishment imposed for that conviction, including any additional time for applicable enhancements (Penal Code § 1170.1(a).
Then the judge would order consecutive terms on “subordinate terms,” which are one-third of the middle term for additional offenses, plus one-third of the term for any applicable enhancements. Penal Code § 1170.1(a); People v. Hill (2004) 119 Cal.App.4th 85, 91. The judge must explain on the record why the “subordinate” term is to run consecutively. Cal. Rules of Court, Rule 4.425.
To impose consecutive sentences, the judge must find a minimum of one factor under the applicable statutes or court rules. People v. Forbes (1986) 182 Cal.App.3d 676, 679. The most common reason is that the “crimes involve separate victims or involve the same victim on separate occasions.” Penal Code § 667.6(d). This type of consecutive sentence is most commonly seen in sex crimes involving the same victim such as in a child molestation case.
There are certain crimes for which a court must impose a consecutive sentence. For example, then sentence for any offense committed while defendant is incarcerated is to run consecutively to the existing sentence. Penal Code § 1170.1©. Similarly, a violation of Penal Code § 139(b) (criminal threats against a victim of violence) must serve the full-term consecutive, not at one-third. Other exceptions to the one-third provision under 1170.1(a) include convictions for kidnapping under Penal Code § 207 (as specified in 1170.1(b)). -
2022-09-21 at 1:58 PM UTC in Deleted posts for: Truth Detailshttps://www.greghillassociates.com/when-are-sentences-on-multiple-convictions-concurrent.html#:~:text=The%20Gist%20of%20this%20Article,act%20are%20to%20run%20concurrent.
When someone is convicted of multiple crimes from a single act, the sentence is usually the longest one for any one crime and the other convictions arising from the same act are to run concurrent. The exception is in sex crimes or cases with multiple victims, where the sentences run consecutive, making for some very long sentences. Sentence enhancements are then added, or used as a multiplier when it is a second strike under the Three Strikes Law.
It is quite common for someone to be convicted of multiple counts in a case. -
2022-09-21 at 1:56 PM UTC in Deleted posts for: Truth Details
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2022-09-21 at 1:55 PM UTC in Deleted posts for: Truth Details
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2022-09-21 at 1:45 PM UTC in Over 7 Million US Seniors Have Mental Declines That Threaten Financial Skills
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2022-09-21 at 1:43 PM UTC in Deleted posts for: Truth Details
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2022-09-21 at 1:42 PM UTC in Deleted posts for: Truth Details
Originally posted by aldra yes, thankyou for demonstrating
https://www.law.cornell.edu/uscode/text/18/1111 -
2022-09-21 at 1:41 PM UTC in Covid will be a leading cause of death in the U.S. indefinitely, whether or not the pandemic is 'over'https://www.cdc.gov/nchs/nvss/vsrr/covid_weekly/index.htm#:~:text=The%20provisional%20counts%20for%20coronavirus,as%20of%20the%20date%20specified.
The provisional counts for coronavirus disease 2019 (COVID-19) deaths are based on a current flow of mortality data in the National Vital Statistics System.
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2022-09-21 at 1:38 PM UTC in Deleted posts for: Truth Detailshttps://apnews.com/article/derek-chauvin-trial-charges-716fa235ecf6212f0ee4993110d959df#:~:text=They%20didn't%20have%20to,the%20way%20he%20was%20restrained.
WHAT’S SECOND-DEGREE UNINTENTIONAL MURDER?
It’s also called felony murder. To prove this count, prosecutors had to show that Chauvin killed Floyd while committing or trying to commit a felony — in this case, third-degree assault. They didn’t have to prove Chauvin intended to kill Floyd, only that he intended to apply unlawful force that caused bodily harm. -
2022-09-21 at 1:37 PM UTC in Deleted posts for: Truth Detailshttps://www.law.cornell.edu/uscode/text/18/1111
Murder is the unlawful killing of a human being with malice aforethought.
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2022-09-21 at 1:33 PM UTC in Deleted posts for: Truth Detailshttps://www.cbsnews.com/minnesota/news/derek-chauvin-moved-to-federal-prison-in-arizona/#:~:text=Derek%20Chauvin%20is%20serving%20more,Heights%20state%20prison%20on%20Wednesday.
Derek Chauvin is serving more than 20 years for the murder and for violating Floyd's civil rights.
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2022-09-21 at 1:32 PM UTC in Deleted posts for: Truth Details
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2022-09-21 at 1:31 PM UTC in Mixing Christianity With Nationalism Is a Recipe for Fascism
While reading about Florida governor Ron DeSantis’s latest “owning the libs” stunt of dumping immigrants on Martha’s Vineyard even as his fans hail him as a champion of Christianity, something broke inside me. As an observant Christian, I not only can but do feel I must accept as fellow members of the body of Christ all sorts of people whose specific beliefs, worship practices, and interpretations of their faith leave me bewildered or unhappy. And I’ve tried to be consistent: Even as I’ve chastised religious conservatives for treating themselves as the only “real” Christians, I’ve chastised religious progressives for trying to replace one self-righteous set of claims on the Gospel with another. I even try to understand those whose tenacious belief that 1950s white patriarchal American culture was and remains holy has led them to support neo-pagan warlords like Donald Trump for reactionary efforts to put equality in its many dangerous forms back in a bottle.
What I cannot cope with is allegedly Christian people wallowing in hate. And as Jonathan V. Last pungently points out, unlike Trump, DeSantis professes to be a follower of the Prince of Peace even as he preaches constant cultural warfare:
Let’s put aside the theology of immigration. Let’s pretend, just for a moment, that Jesus would have nothing to say about whether or not the state should seek to discourage undocumented migrants as a high-level matter of government policy.
Those planes were filled with actual human beings. People with dignity. People with hopes and dreams, problems and challenges. People with names and families.
And this Christian man used them as props. He didn’t clothe the naked or feed the hungry. He literally did the opposite: Evicted them — and not because he felt that he had to, because it was a requirement of the law. But because he saw that he could use them as a means to the ends of his personal ambition.
I’m trying — really trying — not to get too hot here. But Christians should look at this act and be revolted. They should be horrified.
Because using vulnerable human beings for your personal gratification is evil. Full stop.
Conservative Christians (not all of them but some of them) dehumanizing their many perceived enemies has become so common that cries of anguish from within the ranks of Evangelical Protestantism itself are become more pointed every day. Here’s a plea from Michael Gerson, a highly influential conservative Evangelical in the conservative-Christian-inflected George W. Bush administration:
Anxious evangelicals have taken to voting for right-wing authoritarians who promise to fight their fights — not only Donald Trump, but increasingly, his many imitators. It has been said that when you choose your community, you choose your character. Strangely, evangelicals have broadly chosen the company of Trump supporters who deny any role for character in politics and define any useful villainy as virtue. In the place of integrity, the Trump movement has elevated a warped kind of authenticity — the authenticity of unenhancemented abuse, imperious ignorance, untamed egotism and reflexive bigotry.
This is inconsistent with Christianity by any orthodox measure. Yet the discontent, prejudices and delusions of religious conservatives helped swell the populist wave that lapped up on the steps of the Capitol on Jan. 6, 2021. During that assault, Christian banners mixed with the iconography of white supremacy, in a manner that should have choked Christian participants with rage. But it didn’t.
Many in the rising Christian Nationalist movement (who typically hold that the return of American Greatness as they understand it is essential to the divine plan for the human race and is even a prerequisite for the Second Coming of Christ) have eagerly adopted the rhetoric of “spiritual warfare” for their political battles, literally demonizing political opponents as agents of Satan, as American-studies professor S. Jonathon O’Donnell explained in 2020:
Since the 1980s, growing numbers of evangelicals have given the fight against demons a key role in their spirituality and their politics. Known as “spiritual warfare”, this views demons as central actors in world politics and everyday life. While often seen as fringe, belief in spiritual warfare is common across denominational lines, including among evangelicals close to Donald Trump such as Robert Jeffress and the president’s spiritual advisor, Paula White.
A key idea in spiritual warfare is that demons don’t only attack people, as in depictions of demonic possession, but also take control of places and institutions, such as journalism, academia, and both municipal and federal bureaucracies. By doing so, demons are framed as advancing social projects that spiritual warriors see as opposing God’s plans. These include advances in reproductive and LGBTQ rights and tolerance for non-Christian religions (especially Islam).
People in the grip of these delusions, cherry-picking their way through Holy Scripture without a shred of context to justify their hate, do indeed have a powerful belief system. But it has less to do with Christianity in any recognizable form than with the sanctification of entirely secular cultural passions with the unshakable faith owed only to God given to politicians.
It’s probably about time to conclude once and for all that Christianity and nationalism are essentially incompatible because the latter always swallows the former. It was true in the Spanish Civil War, when priests blessed fascist murderers on the grounds that their “godless” victims would enjoy eternal life if they confessed before being shot. It was true in Nazi Germany, when the Faith Movement of German Christians tried to excise jedi influences from the Bible. It’s true in Russia, where the criminal regime of Vladimir Putin has managed to fuse Stalinism with religious orthodoxy, to the cheers of American Evangelicals who admire Putin’s homophobia and “manly” virtues.
Somehow, nationalists keep subverting the unavoidable truth that Jesus Christ was the great enemy of nations, races, tribes, and even families when they became a stumbling block to acceptance of the radical equality imposed by human sin and its rescue by divine grace.
Today’s Christian Nationalists need to choose, just as German Christians were called to choose in the Barman Declaration that rejected the Nazi appropriation of Christianity by denouncing worship of party, nation, or Volk as idolatrous. You can choose to follow your culture wars into partisan politics or even authoritarianism and insurrectionary violence, like the not-so-spiritual warriors of January 6. But please, please, be honest about your motives and leave your savior and mine out of it. -
2022-09-21 at 1:31 PM UTC in Germany nationalises gas giant amid energy crisis
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2022-09-21 at 1:28 PM UTC in Firms in four-day week trial will make it permanent
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2022-09-21 at 1:28 PM UTC in Mixing Christianity With Nationalism Is a Recipe for Fascism
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2022-09-21 at 1:28 PM UTC in Mixing Christianity With Nationalism Is a Recipe for Fascismhttps://en.wikipedia.org/wiki/False_equivalence#:~:text=False%20equivalence%20is%20an%20informal,%22comparing%20apples%20and%20oranges.%22
False equivalence is an informal fallacy in which an equivalence is drawn between two subjects based on flawed or false reasoning. This fallacy is categorized as a fallacy of inconsistency.[1] Colloquially, a false equivalence is often called "comparing apples and oranges."
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2022-09-21 at 1:27 PM UTC in Students who created “Know Justice, Know Peace” racial justice podcast sue Denver Public Schools in trademark fight
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2022-09-21 at 1:25 PM UTC in Covid will be a leading cause of death in the U.S. indefinitely, whether or not the pandemic is 'over'https://www.nbcnews.com/health/health-news/covid-will-leading-cause-death-indefinitely-us-rcna48374
Disease experts predict that Covid will remain among the top 10 causes of death in the U.S. for the foreseeable future.
