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Just a few thoughts on what will be happening in the time before Chauvin is sentenced.
1. The lawyers will file memos about whether they think aggravating facts exist
2. The judge will decide whether there are aggravating facts and, if so, which ones.
1. The lawyers will file memos about whether they think aggravating facts exist
2. The judge will decide whether there are aggravating facts and, if so, which ones.
3. The lawyers will file memos on what they think the sentence should be. They will tell the judge about similar convictions and what sentences were imposed.
4. A probation officer will do what’s called a PSI, Pre-sentencing investigation. This will include a social history
4. A probation officer will do what’s called a PSI, Pre-sentencing investigation. This will include a social history
4. Cont. The PSI will include victim impact information. Chauvin will have the opportunity to talk as well, but he intends to appeal and anything he says can be used against him. For that reason many defense lawyers tell clients not to speak to probation. The PSI is not public
5. At sentencing, the lawyers may make arguments, there will be victim impact statements and Chauvin can speak. Victim impact must be directed to the judge and not at Chauvin. Once, again Chauvin may choose to speak, but anything he says could be used in his appeal.
6. The judge will then announce his sentence and the reasons why he is imposing the sentence. He will also file a memo with the reasons why he imposed a sentence is he departs.
7. All memos and orders will be public, at some point. The PSI will not be.
7. All memos and orders will be public, at some point. The PSI will not be.
