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Researchers: prosecutors and defense describe why judges depart from guidelines in assault-2 and aggravated-robbery cases
Summary
A University-affiliated researcher told the Sentencing Guidelines Commission that prosecutors, defense attorneys and dispositional advisors identify a mix of statutory breadth, victim cooperation and defendant age as common reasons for downward departures in assault-2 and aggravated-robbery cases.
Practitioners’ accounts of how cases are charged and processed help explain why judges frequently depart from Minnesota’s sentencing guidelines, a Robina Institute researcher told the Sentencing Guidelines Commission on Thursday.
Dr. Julia Laskarinsky, who conducted hour‑long interviews with prosecutors, defense lawyers and dispositional advisers across Minnesota, said the interviews identified recurring themes behind departures in two high‑departure offenses: second‑degree assault and aggravated robbery. She presented themes and policy considerations intended to inform the commission’s comprehensive review and possible re‑ranking of offense groups.
Dr. Laskarinsky said departures for assault‑2 cases are driven in large part by the statute’s breadth: the offense can cover both serious shootings and less injurious conduct such as non‑lethal threats.…
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