After Derek Chauvin was convicted on Tuesday in Minneapolis of three assassination attempts in the death of George Floyd, Hennepin County, Minnesota, Judge Peter Cahill, who chaired the case, spoke of proceedings that would take place prior to Chauvin’s conviction.
Cahill said Chauvin would be sentenced in eight weeks, with the specific date and time yet to be determined. But before that, lawyers from both parties would confer on what the judge called “Blakely factors” and “PSI,” or pre-trial investigation.
This is what the two terms mean:
Blakely factors
‘Blakely factors’ refers to Blakely v. Washington, a US Supreme Court case decided in 2004. The case, in part, required the jury, not the judge, to establish all the facts used to impose a sentence in excess of the conviction set. guidelines for an offense for which a suspect has been convicted. The judge would still determine whether the heavier sentence would be imposed.
The 2004 case referred to a Washington State defendant’s allegation under the Sixth Amendment to the U.S. Constitution, which refers to a defendant’s right to a fair trial.
Prosecutors in Chauvin have already indicated that they intend to prosecute longer sentences for Chauvin than state guidelines suggest, citing two aggravating factors in Chauvin: that the crimes for which Chauvin was convicted took place in front of children and that the crimes were an abuse. from government agency, the Minnesota Post reported.
Blakely Waiver
On Monday, however, Chauvin agreed to a Blakely waiver, meaning the defendant agreed that Cahill, and not the jury, could determine the validity of alleged aggravating factors that would warrant a longer sentence than the sentencing guidelines. allow the state, the Post reported.
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PSI
A pre-criminal investigation (PSI) is usually ordered by a judge to help determine if a suspect convicted of a crime is a good candidate for probation. The results of the investigation may play a role in a judge’s decision on the length of the sentence.
Authorities have said Chauvin could spend decades in prison.