Thread by @LouRaguse

Here's a quick little explanation of Minnesota's sentencing guidelines, which can help Minnesotans and out-of-staters alike understand what Derek Chauvin would face if found guilty -- as well as understanding the charge Kim Potter now faces. First, this is the grid.

On the grid you can see example crimes in the first column ranked by "severity level" in the second column. At this link you can find more example offenses and their corresponding severity levels. I snipped severity level 8 to highlight Manslaughter-2. mn.gov/msgc-stat/docu…

"Manslaughter 2nd Degree – Culpable Negligence" is one of Chauvin's charges as well as the charge filed against Potter.

The top row of the grid is labeled "criminal history score." If someone has prior convictions, there is a calculation used. But Chauvin & Potter are both 0.

So follow the grid from "0" criminal history score to "8" severity level -- and you see the presumptive sentence given in months -- 48 months (4 years.) As noted, the judge has discretion to sentence between 41 and 57 months. To go outside of "the box" is called a departure.

You need to know about "departures" from the guidelines, because in the Chauvin case, that's what prosecutors say they will ask for if he's convicted. An "upward departure."

For example, if Chauvin is convicted of Manslaughter-2 but acquitted of the two murder charges -- he would be looking at a presumptive sentence of 4 years, as illustrated on the grid above. But the state would argue for the judge to depart from the guidelines.

Manslaughter-2 has a 10-year statutory max -- which the judge could go up to if he finds "aggravating factors." Here are a couple of the example aggravating factors that the state would likely argue in the Chauvin case. (details on p 40 in link)

mn.gov/msgc-stat/docu…

I used Manslaughter-2 as the first example because that's the charge Potter also faces. Based on the allegations so far, it could be harder to argue for an upward departure in her case. That's why you're reading in articles, experts say she probably would face 4 years if guilty.

Back to the Chauvin case, his two murder charges fall at the same spot on the grid, meaning a 150-month (12.5 year) presumptive sentence.

But if prosecutors convict and successfully argue for an upward departure, the judge could go as high as:
Murder-2: 40 yr
Murder-3 25 yr

Remember the Mohamed Noor case? The former MPD officer received a 150 month (12.5) year sentence for his conviction of Murder in the Third Degree in the death of Justine Ruszczyk Damond. That was the presumptive sentence. "Middle of the box."

I hope this helps you have a better understanding the next time you hear the phrase "according to the sentencing guidelines." And now you also see that Minnesota judges have less available discretion in sentencing than many people believe.