Local Judge Explains Sentencing Guidelines in Minnesota

Judges must follow detailed statutes and rules that limit their discretion when sentencing defendants.

Published on Feb. 7, 2026

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In a column, a Minnesota judge explains that sentencing is governed by the state's sentencing guidelines, which were created by legislators to promote uniform and proportional sentences. The guidelines use a grid system that takes into account the severity of the offense and the defendant's criminal history. Judges have limited discretion to depart from the guidelines, and any departures must be supported by specific, legally recognized reasons.

Why it matters

Sentencing is a crucial and often emotional stage of the criminal justice process, and it's important for the public to understand the constraints and guidelines that judges must follow when determining sentences. This explanation helps provide transparency around the sentencing process and the factors that judges must consider.

The details

The Minnesota Sentencing Guidelines create a grid system that determines presumptive sentences based on offense severity and criminal history. Judges can impose either executed prison sentences or stayed sentences that allow defendants to serve probation instead. Departures from the guidelines, either upward or downward, are limited and must be supported by specific legal reasons. Sentencing aims to promote fairness, consistency, public safety, and rehabilitation, not to satisfy public pressure or hindsight.

  • The Minnesota Sentencing Guidelines were created by legislators.

The players

Steve Hanke

A 6th Judicial District judge in the Lake County Courthouse in Two Harbors and in the Cook County Courthouse in Grand Marais, and a former deputy Duluth city attorney and prosecutor.

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What they’re saying

“The law allows departures from the guidelines only in limited circumstances. Sentencing does not aim to satisfy headlines or hindsight.”

— Steve Hanke, Judge (duluthnewstribune.com)

The takeaway

This explanation of Minnesota's sentencing guidelines highlights the constraints and considerations judges must weigh when determining sentences, providing transparency around a crucial part of the criminal justice process.