Toni
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https://www.abc.net.au/news/2021-04...r-manslaugher-george-floyd-sentence/100083494
Derek Chauvin has been found guilty of murdering George Floyd, or — more precisely — he's been found guilty of two counts of murder and one count of manslaughter.
But how can someone be convicted of both murder and manslaughter for the same killing?
Trial judge Peter Cahill's instructions to the jury demonstrate how the system works in Minnesota.
The former police officer faced three charges relating to his decision to pin George Floyd by the neck until he died:
It was open to the jury to convict Chauvin of all, some or none of the above because they were instructed by Judge Cahill to consider each charge as a "separate and distinct" offence.
- Unintentional second-degree murder
- Third-degree murder
- Second-degree manslaughter
...Each count he has been found guilty of carries its own maximum sentence.
But Minnesota's sentencing guidelines suggest far less as a starting point.
- Second-degree unintentional murder: 40 years
- Third-degree murder: 25 years
- Second-degree manslaughter: 10 years
They list a presumptive sentence of 150 months for each of the murder counts — or 12 years and six months — if a person has no prior criminal history.
But the state is expected to argue Chauvin should face a harsher sentence than the guidelines recommend, because of aggravating factors.
The sentencing guidelines also include a presumption that multiple sentences arising from "current offences" should be served concurrently.
That means they'd be served alongside each other at the same time, instead of stacked end to end.
Regardless of the final sentence, in Minnesota, defendants typically serve two-thirds of their penalty in prison, with the rest on parole.
I'm confused by the guidelines. The article has suggested 12.5 years (something I've read elsewhere) as a guideline sentence for either of the murder charges (with manslaughter presumably less), but why would the guideline sentences be the same for the two murder charges?
Under MN sentencing guidelines, Chauvin could be considered for the lower end of the sentencing guidelines (150-180 months) because he (almost certainly) has no felonies on his record. As Loren explained above, he would be sentenced for the most serious offense since all 3 convictions were for the same act rather than 3 separate homicides.
The prosecution could argue that he deserves a harsher sentence because he was acting as a police officer with a duty to protect and serve, which he violated. In other words, Chauvin was a professional and should be held to a higher standard.