That George Floyd was particularly vulnerable.Įdited by Jens Ludwig and Philip J. That Chauvin committed the crime in a group with the active participation of other individuals.That children were present during the commission of the offense.That Chauvin treated George Floyd with particular cruelty.That Chauvin abused a position of trust and authority.The prosecution argued that 5 such conditions existed: Some of these conditions have been specifically spelled out in Minnesota law, while others are judicial creations, consistent with legislative intent and approved by the Minnesota Supreme Court.ĭerek Chauvin opted to have Judge Cahill rather than the jury determine whether any sentencing-enhancing conditions had been shown in the trial beyond a reasonable doubt. To go above the 180 month limit, either the judge, with the defendant’s permission, or a jury, if the defendant so chose, had to find that the existence of aggravating conditions had been proven beyond a reasonable doubt. In the case of second degree murder, Judge Cahill could have issued any sentence that seemed appropriate to him, so long as it was no less than 128 months and no more than 180 months. Legislative judgments, as further specified by the Minnesota sentencing commission, provide standards for determining what a sentencing judge is and is not permitted to do. Upward adjustments of up to 480 months or downward adjustments are possible based on the facts of the crime.Īlthough discretion often plays a role in criminal sentencing, Minnesota, a pioneering state in the sentencing guidelines movement, has attempted to confine judicial discretion within bounds set by law. The Minnesota legislature has decided that the ordinarily appropriate sentence for people who unintentionally kill others while intentionally injuring them is between 128 and 180 months in prison. These losses are baked into Minnesota’s sentencing scheme. None of their victims will be coming back or able to comfort grieving family members, and none will be there to support children who will forever miss them. Anyone guilty of second degree homicide has killed someone. The argument that Chauvin got off too easy because George Floyd is gone forever is natural, appealing and legally irrelevant. His young daughter will grow up without a father’s love or support. While in prison Chauvin will be able to talk to his friends and relatives, and they to him. Chauvin can expect some day to be released from prison. The argument most commonly heard for a stiffer sentence is that 15 years in prison, or even the full 22.5, is incommensurate with the harm Chauvin caused. While Chauvin’s sentence enhancement is substantial, is it substantial enough? The state asked for a sentence of 360 months (30) years, double the presumptive sentence, and many initially reported reactions suggest that Chauvin got off easier than he deserved. He could have expected release after 8 1/3 years, had he received the presumptive sentence for Murder 2. If Chauvin serves his sentence without getting into trouble, he can expect to be released from prison after 15 years, due to time off for good behavior. How do we judge whether or not this is a fair decision?Ĭhauvin’s sentence is 120 months or ten years more than the presumptive sentence of 150 months (12.5) years set by the Minnesota sentencing guidelines and 7.5 years more than the trial Judge Peter Cahill could have sentenced him to while still remaining within the Minnesota guidelines. He has received a sentence of 270 months (22.5 years). Derek Chauvin has now been sentenced for the murder of George Floyd.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |