Will Derek Chauvin die in prison?

[Botany]

Chauvin is 45 now and according to CNN:

Chauvin faces up to 40 years in prison for second-degree murder,
up to 25 years for third-degree murder, and up to 10 years
for second-degree manslaughter.

https://www.cnn.com/us/live-news/derek-chauvin-trial-04-20-21/index.html

BTW when they closed that door behind him yesterday and outside of his sentencing hearing
he will never be seen again.

[2naSalit]

1. One can only hope...

That he spends a lot of time there and then dies behind bars. I, personally, hope that he is confronted with his crimes by his fellow inmates on a daily basis for many years, at least twenty.

[FarPoint]

4. I actually don't want him to die in prison...

Prison should be a place wherein one can evolve into a better person...as well as protecting the community.

I'd be fine with Parole in a few years only if he can use his time to reflect on his errors and use this new insight to help reform police military abuse methods...say public speaking ....I would be fine with trying to make a better police force from this event...

[2naSalit]

32. I question whether...

rehabilitation is possible with that one.

[FarPoint]

48. Indeed....

One would hope he has redeemable qualities...One can hope...it would benefit his sense of serenity if he seeks it out.

[Ocelot II]

2. His sentences will be concurrent, not consecutive.

That means he will serve no more than 40 years, possibly less unless the judge orders a sentence greater than recommended in the sentencing guidelines.

[Botany]

9. "His sentences will be concurrent, not consecutive."

Where did you see that?

I think they should be consecutive. And even if he did just 20 years he will be a very old man when
he gets out.

[greenjar_01]

11. Not only will they not be consecutive, he will only be sentenced on one charge

He's not doing 20. His sentence will be around 10-15 years, and he'll probably do a full 12.

[qazplm135]

18. Exactly

He won't be sentenced three times for one criminal act. He'll be sentenced on the murder 2 conviction.

[RobinA]

25. I Was Wondering

about this myself. I've never heard of anyone serving time on three sentences, all for the same crime.

[Ocelot II]

23. The sentencing guidelines don't provide for consecutive sentences

for conviction of included offenses, which these are. There are likely to be aggravating factors that could warrant a departure from the guidelines up to the maximum of 40 years for the most serious offense, second-degree felony murder.

[exboyfil]

13. I honestly don't understand the stacked charges

Apparently there is a potential problem for the 3rd degree statute because it reads plural (this is what the cop Noor who shot the woman was convicted under). That case is in the appeal state. You have three separate crimes charged which all result from the same act - a homicide.

My suspicion is that he serves 10-15 years assuming there isn't another trial granted on appeal.

[qazplm135]

19. In the military we call it

Charging in the alternative. Ultimately he's only going to be sentenced based on the guidelines for murder 2 so he won't be given three sentences.

[FarPoint]

49. I sense he still is holding out on that appeal idea...

Delusional at best.

[Towlie]

3. In any event he'll never be allowed to own a gun again. I'll bet that will really bug him.

 
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[getagrip_already]

27. really?

What if he moves to VT, where there are literally NO laws restricting the ability to buy or own a gun?

Lots of states are moving to drop ALL gun laws, even for felons.

[NutmegYankee]

43. The background check is a federal law.

VT can't waive that.

Edited to correct can to can't. .

[getagrip_already]

45. I assume you meant "can't"? but in any case...

The fed background check is only for purchases from a dealer. Not person to person, and not even at a gun show with unlicensed sellers.

It's one of the gaping holes in the background check process.

[NutmegYankee]

46. Yes. But felons are still prohibited by federal law from posession as well.

Are there ways around? Yeah, even in the strictest state someone can grind off the serial number and make a cash sale in a parking lot to a felon. There is no way to stop that.

[marie999]

39. Do you think he will never own a gun again?

[mnhtnbb]

5. I suspect he will either

die at the hands of another or his own in prison.

He won't make it for 40 years. Or even 20, I suspect.

[greenjar_01]

16. He'll be in a special offenders unit in a medium security prison within three months

Within five years, his security status will be downgraded again to a minimum security prison.

This idea that he's going to be a knife fights in the tiers is dumb.

[Progressive Jones]

36. Most, if not all, States put criminal cops into protective custody. nt

[greenjar_01]

37. Yes, that's the special offenders unit

They don't put them in the SHU.

[greenjar_01]

6. It is a particularly bad habit of the press to always state the "up to" maximum sentence

for an offense.

To be less sensationalist, the press would do better to report average sentences for people in the relevant sentencing category. In this case, Chauvin 1) will only be sentenced on the Murder 2 charge and 2) will probably be close to the bottom of the sentencing guidelines due to having no priors, etc.

He will probably get 10-15 years on the Murder 2. I'd guess he'll serve 9-12.

[Earth-shine]

10. CNN interviewed Elie Honig and he agrees with your figures.

>> report average sentences

Yes, CNN did this, at least in that one spot a few hours ago.

Honig said "about 12."

[mucifer]

15. Glenn Kirshner said the same thing.

[Jack from Charlotte]

20. Heard several media people say Minn. guidelines call for 12 1/2 years.....

The 3 charges sentences are unusually concurrent if the convictions are for the same crime. The prosecution has already asked for longer sentences based on aggravated circumstances. There are several aggravated circumstances this crime meets including..... if the crime was committed in front of a child. The girl who recorded the murder was just 9 years old.

I'll bet he's sentenced to 15-20, just my guess.

However, he and his wife are facing 9 tax evasion felonies right now. Additionally, I believe a federal grand Jury is getting ready to indict him on Fed. charges for the murder.

[greenjar_01]

26. A federal grand jury is ready to indict him for the murder!

Wow. I didn't know we had federal murder charges in the US outside of specific categories. Fascinating.

[Ocelot II]

35. Civil rights violations could be charged, hypothetically, but you are correct.

Federal murder charges are very limited, mostly involve the murder of federal law enforcement or officials. There are no federal murder charges pending or possible in this case.

[exboyfil]

41. Probably this law

Often used in these cases when you can't get a state conviction (Rodney King). Given our former resident in the WH, I wonder how much the SC will detonate the understanding of double jeopardy to keep his cronies out of jail on state charges.


https://www.justice.gov/crt/deprivation-rights-under-color-law

[getagrip_already]

29. 9-12 is what I heard, and he is apparently fairly well off financially.....

He and his (to be ex) wife are in hot water for under reporting income. They bought a friggin $100k car and tried to register it to a home they own in FL.

They are not middle class.

Maybe that wealth can be whittled down through civil suits, but he likely has a lot of it squirreled away in trusts (remember oj?), and will get to keep it as well as any pension.

His divorce is likely just an attempt to let his wife keep half untouched.

He will be 50'ish and comfortable when he gets out.

But still, 10 years out your life is an awful thing to lose. He deserves it, and then some.

[Ocelot II]

40. Not after the IRS is finished with them.

[Siwsan]

7. I suspect he will be spending 23 out of 24 hours a day, alone in his cell

As I recall, that was the protective custody case for people like John Gotti because the notorious don't last long, in any kind of prison population.

[MineralMan]

8. Que Sera, Sera.

[Towlie]

12. To make a tautology sound like wisdom, just say it in another language.

 
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[MineralMan]

30. If you are familiar with the lyrics of that song,

you will understand. If not...well...

We cannot predict the future with any certainty. Ever.

[GoodRaisin]

14. His life, in all practicality, is over now.

Living in a cage in segregation is all he has to look forward to. He might as well be dead.

[greenjar_01]

17. They have whole segregation units that are relatively safe

Especially in medium security, where he will probably be classified after intake and assessment.

[GoodRaisin]

33. If it gets to that for him, he best keep watching his back.

He has many unseen enemies now. His life is going to suck no matter what.

[Jack from Charlotte]

21. No. A new Republic Party president will pardon him.*

NFM.

[PortTack]

28. Charges are state, not federal..presidents can't pardon state level crimes

[exboyfil]

42. Just waiting for a MAGA governor in Minnesota

Unlikely now but who knows in the future.

[Ocelot II]

31. Not possible, these were state crimes.

[vlyons]

22. Probably confined in solitary for many years

I doubt he will be in general population for his safety. There's a target on his back in prison. So sitting alone, staring at gray walls with no one to dominate, alone with just his mind to play over and over how he got himself there seems like a fitting punishment.

[Sanity Claws]

24. Most likely

Not only will he be sentenced for a long time, he will encounter other criminals who will have it in for him. He may die at their hands. Or he may be so miserable that he will die at his own hands.

[exboyfil]

44. Seems his first act will be joining the Aryan Brotherhood

I wonder if can get the tatooes before he gets to prison.

[SoCalDavidS]

34. Not A Chance

Unless he dies young.

I imagine he'll be out in 10-20 years, with good behavior, depending upon the sentences imposed by the judge. I tend to believe the judge is going to run the sentences concurrently, so even if he gets the longest of 40 years, that leaves him eligible for parole in half that.

He's going to be there for awhile, let's hope until his 60's, but there's still a chance he'll get out someday.

[Bayard]

38. Yes

[Vinca]

47. Unlikely. He'll probably get 15 - 20 years tops. As a rule, sentences are served

concurrently, not consecutively. If he gets 15 years he could be out after 10 for good behavior. Life isn't fair.

[ProfessorGAC]

50. Probably Not

I read that in Minnesota, the average term spent for Murder 2 is 12.5 years.
That puts him at around 58.
And, the cop in prison thing seems overstated. Lots of dirty cops go to prison & the vast majority come out alive.
So, I doubt he dies in prison.