The Mudcat Café TM
Thread #168020 Message #4102943
Posted By: Stilly River Sage
21-Apr-21 - 10:12 AM
Thread Name: BS: Black Lives Matter - change on the way?
Subject: RE: BS: Black Lives Matter - change on the way?
Yes, it is. From an online article:
Here are the three charges Derek Chauvin was found guilty on and the maximum sentences for each :
Second Degree Murder: 40 years in prison
Third Degree Murder: 25 years in prison
Second Degree Manslaughter: 10 years in prison
What happens next with sentencing? Who makes the final call?
Since the verdict has been read by Judge Cahill, it will now head to sentencing. Prosecutors with the state are asking for a longer sentence, known as an "upward sentencing departure" due to "aggravating factors".
Those factors include :
Floyd was handcuffed and particularly vulnerable
Floyd was treated with particular cruelty
Derek Chauvin abused his authority
Derek Chauvin committed a crime in a group and in front of children
Minnesota uses sentencing guidelines, which means that for someone with no prior convictions like Chauvin, the recommendation is only 12.5 years for each murder charge, as well as four years for manslaughter.
Even though Chauvin is convicted of more than one count, according to Minnesota law, he only serves a sentence for the most severe charge. If Judge Cahill follows the Minnesota state guidelines, Chauvin would serve just that 12.5-year sentence.
Prosecutors in the case are seeking a longer sentence than the 12.5 years, referencing those "aggravated factors" mentioned above. But it's up to Judge Cahill to decide if those factors exist, and if he will go above the state recommended guidelines.