A court will judge whether there was intent to kill George Floyd; what is absolutely apparent is there was certainly no intent by the police to preserve his life or health. It is also plain that the force used was wildly disproportionate for the alleged offence. It is further undeniable that police violence in the USA impacts particularly on black people, and that in dealing with black people the police act with an arrogance founded on anticipated impunity. The societal change whereby the majority of adults have camera phones at the ready has given a new power of resistance to the public in this regard. That must be reinforced by exemplary sentencing.

The law currently takes the opposite approach:

If a police officer unlawfully harms a citizen, the officer is subject to assault or homicide charges—no different than if the officer committed these crimes off duty. [2] However, if a citizen unlawfully harms a police officer, the citizen is automatically subject to aggravated assault or aggravated homicide charges, which carry more severe punishment. [3] In fact, some states make the intentional killing of an on-duty officer a capital offense. [4] Enhanced charges in police encounters are thus asymmetrical. They only apply if a citizen harms an officer but not if an officer harms a citizen.

Police who kill in the course of their duties are given every latitude by the courts and far lower sentences than others who kill. That attitude needs to reverse. Police need to understand that their duty to protect and deal fairly embraces both the alleged victim and the alleged criminal. Breach of this public duty to protect should be an aggravating factor when the police kill, and sentences should be stiffer than for the general public. There are moments in public discourse where you need to come down off the fence and decide which side you are on; I am on the side of Black Lives Matter.

Racist Killing and Impunity – Centre for Research on Globalization