Ep. 5487 – Jacob Sullum on the Trial of Derek Chauvin – 4/2/2021

Scott interviews Jacob Sullum about the trial of Derek Chauvin for the death of George Floyd. Sullum highlights two important features of the prosecution’s case so far: the first is that paramedics testified to Floyd’s already being dead when they showed up, and the second is an argument about Floyd’s possible drug overdose. Sullum explains that while the level of fentanyl found in Floyd’s system during the autopsy might be high for a normal person, it was actually on the extreme low end of what can cause an overdose, especially for a habitual opioid user. These factors make it unlikely that drug overdose was a primary cause in Floyd’s death—but more importantly, whether drugs played some role or not, the relevant fact in a murder or manslaughter trial is whether the victim would still be alive had the defendant not done what he did. In this case, argues Sullum, Floyd pretty clearly would be.

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