Sympathy for the Devil

As the aptly named Mr. Chauvin awaits sentencing, I get the impression that many people think he will get a much longer sentence than is likely to be the case. I've read up on this a bit and while the statute in Minnesota allows up to 40 years for second degree murder, in fact the guidance for a first time offender is only 12 1/2 years. 

 

Lest you be too outraged, the definition of the crime for which he was convicted does not include that he intended to cause death. (About that question we cannot know.) Since there are hints the judge is sympathetic to him, it's doubtful he'll impose a longer sentence than the guidance, and the standard is parole after 2/3 of the time, so Chauvin will likely be out in less than 9 years. He will on the other hand not have a good time at all in prison, as he'll have to be in protective custody, i.e. solitary confinement, the entire time. Chances are the guards will sympathize with, if not admire him, however.

No doubt many people will find this deeply unsatisfying, and claim that it falls far short of justice. However, as I tried to explain in an earlier post, I don't look at it that way. In fact calling the whole enterprise the criminal "justice" system seems a misnomer. There ain't no justice. Justice would mean George Floyd is still alive, maybe getting substance use treatment, and that he had a chance in life from childhood for dignified work and the respect due to any human. But the world doesn't work that way. Nothing that could possibly happen to Derek Chauvin, or any other offender for that matter, can produce justice. 

So, if you believe in lex talonis, retribution, then presumably you think somebody should kneel on Chauvin's neck until he dies. But I see no value in that. Nor would I imagine that a prison sentence of any length would "rehabilitate" him. He won't ever be a police officer again, so he won't have the kind of power over people, or what he thought was impunity, that enabled this to happen. That's the most that can be accomplished for Mr. Chauvin. Nine years and loss of status is some measure of accountability.

So what is the point of the conviction and sentence? There is one, and it matters a lot. It's a signal that yes, George Floyd's life mattered and police should be accountable for their actions, or at least that some higher ranking Minneapolis police officer believe that, or want us to think they do, along with 12 anonymous citizens. That tells the dead man's family and friends, his community, and the rest of us who care about such things that it might some day be the case that respect for human life, including black lives, will be extended to everyone. But it doesn't accomplish that. The work lies ahead of us all.