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Justice Matters with Glenn Kirschner

Chauvin Trial: Why Three Charges for One Murder and What to Expect at Sentencing

Justice Matters with Glenn Kirschner

Crossover Media Group

Legal, Progressive, Judicial, Politics, Political, Government, Law, News, News Commentary, Justice, Democrats, Justice Department, Liberal

4.82.6K Ratings

🗓️ 22 April 2021

⏱️ 11 minutes

🧾️ Download transcript

Summary

In the wake of the guilty verdicts of former Minneapolis police officer Derek Chauvin for the homicide of George Floyd there are some frequently asked question: 1. Why was Chauvin charged with three seperate homicide counts for just one killing;2. How might the judge sentence Chauvin on those three offenses of conviction;3. What is the average/guideline sentence for his crimes under Minnesota law; and4. How might the "aggravating factors" being pursued by the prosecutors impact the sentence?Here is an explainer my based on my experiences as a career homicide prosecutor. For our newly launched Team Justice and Justice Matters merchandise shop, please visit: https://shop.spreadshirt.com/glennkirschner/Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschnerMy podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts.Follow me on:Twitter: https://www.twitter.com/glennkirschner2 Facebook: https://www.facebook.com/glennkirschner2Instagram: https://www.instagram.com/glennkirschner2 Support the show (http://www.patreon.com/glennkirschner) Learn more about your ad choices. Visit megaphone.fm/adchoices See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Transcript

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0:00.0

So, now that Derek Chauvin has been found guilty by the jury of murdering George Floyd,

0:07.3

let's talk about how sentencing works and what the likely sentence for Derek Chauvin

0:13.0

might be.

0:15.0

Because justice matters.

0:31.0

Hey all, Glenn Kirschner here.

0:34.0

So with the Derek Chauvin guilty verdicts in, we now turn our attention to sentencing.

0:40.7

And over the past 24 hours, I've gotten a series of questions on Twitter and elsewhere.

0:46.7

And I want to try to take on three of those questions in this short video today.

0:51.4

First of all, people have asked, how is it that there are three homicide charges that

0:57.2

Derek Chauvin was convicted of, but only one killing?

1:01.5

So your criminal conduct, one incident, can violate multiple statutes or multiple laws.

1:10.5

Let me give you an example.

1:12.5

If I walk up to somebody and I punch them and I take their wallet, one incident.

1:19.8

But I've committed multiple crimes because when I punch somebody, I've committed an assault.

1:25.5

When I take their wallet, I've committed a theft.

1:28.8

And I've also committed a robbery because a robbery is defined as taking the property

1:35.8

from the possession of a person by force or violence.

1:40.6

So punching someone and taking their wallet qualifies as a robbery.

1:45.0

One incident, three charges, assault, theft, robbery.

1:49.9

Let's put that in the homicide context.

1:53.4

Let's assume I commit a burglary.

1:55.6

What is a burglary?

...

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