After Derek Chauvin was convicted Tuesday in Minneapolis on three charges of murder in the death of George Floyd, Hennepin County, Minnesota, Judge Peter Cahill, who led the case, spoke about procedures that would take place before Chauvin’s sentencing.
Cahill said Chauvin would be sentenced in eight weeks, with the specific date and time yet to be determined. Previously, lawyers from both parties would meet over what the judge called ‘Blakely factors’ and ‘PSI’, or investigate before sentencing.
Here is what the two terms mean:
Blakely factors
“Blakely factors” refers to Blakely v. Washington, a 2004 U.S. Supreme Court case. The case partly determined that the jury, not the judge, must determine the facts used to impose a sentence that exceeds the set sentence. guidelines for an offense for which an accused is convicted. The judge would still determine whether the harsher sentence would be imposed.
The 2004 case refers to the allegation of a Washington defendant in his rights under the Sixth Amendment to the U.S. Constitution, which refers to an accused’s right to a fair trial.
Prosecutors in Chauvin’s case have already indicated that they want to pursue longer sentences for Chauvin than the state’s guidelines suggest, citing two aggravating factors in the Chauvin case: that the crimes for which Chauvin was convicted are present. of children and that the crimes represent an abuse. of government authority, reports the Minnesota Post.
Blakely pardon
On Monday, however, Chauvin agreed to a waiver from Blakely, meaning the defendant agreed that Cahill, not the jury, could determine the validity of any alleged aggravating factors that might justify a longer sentence than the state sentencing guidelines allow. , reports the Post.
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PSI
A pre-sentencing (PSI) examination is usually ordered by a judge to determine if an accused convicted of a crime would be a good trial candidate. The results of the investigation may compete in a judge’s determination of the length of the sentence.
Authorities said Chauvin could spend decades in jail.