Chauvin will spend an absolute minimum of 8 weeks in jail prior to the sentencing phase. What are the minimum sentences, and can they be made sequential rather than concurrent?
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According to CNN:
The maximum sentence for second-degree unintentional murder is imprisonment of not more than 40 years. The maximum sentence for third-degree murder is imprisonment of not more than 25 years. The maximum sentence for second-degree manslaughter is 10 years and/or $20,000.
No idea if they can be sequenced.
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What I’ve been reading is that the sentences would likely be served concurrently, because they are for the same crime.
There is also the question of any aggravating factors, which could lead the judge to go higher.
As far as I understand, it remains to be seen, as to what the judge will do…
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Obviously Chauvin deserves to have the book thrown at him and I won’t shed a tear on his behalf if the sentences actually are sequential, but I really don’t understand the legal theory behind this or similar cases of multiple, seemingly redundant convictions for the same act. How can killing one person in one distinct crime lead to multiple charges of murder? If it’s just a matter of having the 3rd degree conviction on the books as insurance in case the 2nd degree conviction gets thrown out on appeal, that’s one thing. But separate sequential sentences for each seems weird to me.
Anyway, good to see justice being done in this case!
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I’m tearing up a bit at this news. Oscar Grant III was shot by BART police in my back yard 12 years ago. His killer got 2 years for manslaughter and it was both a shock that a jury found him guilty of anything and very disappointing because it just wasn’t enough. And it was an aberration. There are so many on the list between Grant and Floyd where there wasn’t even a trial.
I hope this is progress. I hope this is a new era. There’s a lot of fight to go. I’m sure there will be an appeal, and lord knows what the right is going to do. Also, qualified immunity is still a thing.
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I’m watching the Minnesota Attorney General giving a hell of a speech right now. Looking forward to his upcoming bid for Governor or Senator, he’ll be great at it!
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(I’m not an expert or anything—just posting something that I’ve read…)
from kare11.com
The sentencing
If Chauvin is convicted, there will be a presentence investigation to help determine the length of his sentence. Lange [retired judge LaJune Lange] described this as a “background check” to learn more about his character and habits.“That would allow the whole of the defendant’s life to come into play, which will not happen during the trial,” Lange said. “Everything he’s been up to could be opened to the public.”
During this stage, the prosecution is expected to ask the judge for an upward departure in the sentence, and would have to state the grounds. The sentencing guidelines establish specific criteria for this. One such possible grounds for departure could be “crimes committed in front of children,” since a 9-year-old bystander testified at trial.
“Once they do that then the judge is free to determine whether or not to accept the upward departure or sentence according to the guidelines,” Lange said.
According to the Minnesota sentencing guidelines, the presumptive sentence for a person such as Chauvin with no criminal history is the same for murder in the third degree and unintentional murder in the second degree: 12 and a half years. The guidelines give the judge discretion to sentence anywhere from 10 years and eight months to 15 years.
But if the judge rules that aggravating factors are present and he departs from the guidelines, the maximum sentence would be 40 years for second-degree murder, 25 years for third-degree murder and 10 years for second-degree manslaughter.
Lange said the judge will likely hand down concurrent sentences, instead of multiple consecutive sentences, because all three charges are related to the same crime.
So you have “sentencing guidelines”, which are lower than the maximum. And then possible “aggravating factors” can lead a judge to go higher than the guidelines.
An “aggravating factor” could be something like the fact that a child was present.
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This is such a stunningly tone-deaf statement. I can’t even wrap my head around how tone-deaf it is.
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Yeah, but you get beaten and pepper sprayed for airing your grievances…
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While this is a relief, there isn’t much to celebrate here. A man died for no reason, and this trial showed that George Floyd was a man who had people that loved him and continue to grieve for him, and even with this verdict, they still have to grapple with that loss every day.
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Oh my god how is the exact quote worse than the paraphrasing?
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Yeah, that was pretty callous and just plain weird description of this murder.
There’s a big difference between saying “thanks to the bravery and hard work of Floyd’s family and community activists, we’ve seen that his tragic death at the hands of police was not in vain.” vs. “he was a brave hero to sacrifice his life for the community by choosing to get murdered in broad daylight.”
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Apparently Pelosi read my advice and updated her comments using the language I suggested:
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Chauvin’s June 16 hearing was reset by Hennepin County Judge Peter Cahill. A brief entry Tuesday in the online court docket gave no reason, but court spokesman Spenser Bickett said it was moved due a scheduling conflict.
The hearing time remains 1:30 p.m. CDT.
Chauvin, 45, was convicted April 20 of all three counts against him: second-degree unintentional murder, third-degree murder and second-degree manslaughter. Under Minnesota statutes he’ll only be sentenced on the most serious one — second-degree murder.
While that count carries a maximum sentence of 40 years, experts say he won’t get that much. They say that for all practical purposes, the maximum he would face is 30 years, and he could get less.
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https://www.cnn.com/2021/05/12/us/derek-chauvin-george-floyd-factors/index.html
state prosecutors asked for a tougher sentence than the recommendations provide, citing five aggravating factors they said applied.
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Judge Peter Cahill ruled Wednesday that four of the five factors were proven beyond a reasonable doubt. He found that (1) Chauvin abused a position of trust and authority, and (2) he treated Floyd with particular cruelty.
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Cahill also ruled that (3) children were present during the offense, and (4) Chauvin committed the crime as a group with the active participation of at least three other people.
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However, Cahill rejected the aggravating factor that Floyd was “particularly vulnerable,” noting Floyd had initially resisted arrest. He also ruled that restraining Floyd in the prone position did not create a vulnerability but was instead the actual mechanism of his death.
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