Analysis: What to expect at Sandusky's sentencing

Mark Wilson / Getty Images Former Penn State assistant football coach Jerry Sandusky leaves court in handcuffs after being convicted in his child sex abuse trial on June 22 in Bellefonte, Pa. By Wes Oliver, Special to NBC News ANALYSIS Jerry Sandusky's criminal trial did not draw the attention of the nation because there was some uncertainty about the outcome.  And though there is little reason to doubt he will be ordered to spend the rest of his life in prison when he is sentenced on Tuesday, our continuing interest in this case has little to do with the issues the court has to decide.  Wes Oliver is a law professor and director of the Criminal Justice Program at the Duquesne University School of Law. Based on the jury's finding of guilt on 45 of the 48 counts, the former Penn State defensive coordinator and founder of the Second Mile charity for underprivileged kids could be sentenced to a maximum of over 400 years. But the judge is not required to sentence him to anything near that. Six of the offenses carry mandatory minimums of 10 years. This does not, however, mean that Sandusky must receive a minimum of 60 years in jail.  The judge will have to determine whether Sandusky serves his sentence for these individual offenses concurrently -- meaning simultaneously -- or consecutively. None of the other offenses has such a low-end boundary, so the 58-year-old Sandusky could theoretically be sentenced to as little as 10 years.  Those unfamiliar with the criminal justice system often find it bizarre that a defendant could serve time for two or more crimes at once.  After all, a prisoner serving two 30-year sentences at the same time is being punished the same as a person serving the same sentence for a single crime.  Practical realities, however, require this common occurrence.  If defendants were not routinely able to serve sentences simultaneously, a very substantial number of prisoners would be serving life sentences for offenses far from the worst in our criminal codes. Ex-Penn State football aide McQueary files $4M whistleblower lawsuit Sentencing guidelines in many states like Pennsylvania instruct the judge on the appropriate sentence for each individual count. For instance, the judge is required to give Sandusky an indeterminant sentence of 10 to 20 years on the involuntary deviate sexual intercourse counts.  But judges in Pennsylvania, as is common throughout the country, have almost absolute discretion to determine whether the sentences for those counts will be served consecutively. So the judge's determination of which sentences should be served consecutively will thus be the single greatest factor determining the actual number of years Sandusky receives. A young man known as "Victim 1" and who testified against former Penn State coach Jerry Sandusky is suing the university claiming it cared more for its reputation than it did about child safety. NBC's Lester Holt reports. That means that Judge John Cleland has the discretion to give Sandusky a sentence that would permit him to be released after 10 years, just as he has the discretion to give him a sentence that could require him (in theory) to spend over 400 years in prison.  Given the number and seriousness of the counts, the lower end of this range seems improbable -- for any judge. Stay informed with the latest headlines; sign up for our newsletter For some judges, the upper end of this range would be an attractive option.  But anything greater than 25 years would mean a life sentence as a practical matter. In other words, Sandusky's life would not be changed, practically speaking, by adding another 375 years to a 25-year sentence.  A judge could see a multi-century sentence as a way to send a strong message to would-be child molesters without changing either a defendant's punishment of the state's cost of incarceration.  More cynically, a judge presiding over a case with this type of profile could see a multi-century sentence as a way to grab headlines and increase his reputation as someone who dealt severely with America's best-known serial pedophile. But Cleland is not a grandstander.  We saw that time and again throughout the course of the criminal proceedings.  He thoughtfully considered defense motions.  Despite community pressure, he rejected a prosecution request that Sandusky not be permitted to sit on his back porch while out on bond.  His tone and demeanor were measured throughout one of the most closely watched criminal cases in the history of the country.  His sentence may approach the century mark, but a maximum sentence seems unlikely.  The young man known as "Victim 2" in the Jerry Sandusky sex abuse case spoke out for the first time through his attorneys about how the former Penn State coach abused him and stalked him with phone messages. NBC's Ron Allen reports. Nothing about Cleland -- or the seriousness of the facts of this case -- suggests, however, that Sandusky will receive a sentence of less than 25 years.  And that means a life sentence.  So the only real question is how he will serve out that sentence.  The Department of Corrections makes this determination and thus has a much larger role than Cleland in determining what the rest of Jerry Sandusky's life will be like. 'Shameful': Sandusky victim sues Penn State A battery of tests will be conducted to determine Sandusky's mental state, physical condition, his risk to others and the risk that others pose to him.  He will then be classified for a level of security – minimum, medium, close or maximum.  No one factor is determinative, though the serious nature of the offenses will certainly be a factor.  The availability of housing meeting his security level will determine his specific placement and in making that determination, there is no official policy to prefer a facility close to the inmate's family.  He could be placed anywhere in Pennsylvania. The Department of Corrections will further have to determine whether measures are needed to protect Sandusky from other prisoners.  If inmates express concern for their safety, the department takes that into consideration. But  Sandusky has expressed a desire to be in the general population, at least at his present facility.  If there is a safety concern, he could be given an individual cell, but otherwise remain in the general population. Or he could be placed in what is known as a special needs facility.  In such facilities, there is greater supervision of the inmates due to their risk of victimization because of factors like age, or mental impairment.  He could also be placed in administrative segregation for his protection, which would amount to solitary confinement for 23 hours a day. The department does not, however, have a presumption that child sex offenders will be at risk for victimization merely because of their crimes. Former Penn State University assistant coach, Jerry Sandusky speaks to NBC's Bob Costas in a Rock Center exclusive interview.  Sandusky was charged earlier this month with 40 criminal counts accusing him of sexual abuse of minors. The Department of Corrections, over the next month, not at Tuesday's sentencing hearing, will determine what the rest of Jerry Sandusky's life is like.  Just as the result of his trial was fairly certain, so is the practical result of his sentencing.  Practically, the few issues that remain relate only to the level of his custody and will not be affected by his sentence. More US coverage from NBC News It is not surprising, though, that there is still considerable interest in Tuesday's hearing.  Despite its foregone conclusion, Sandusky's trial drew an international audience.  Our interest in the legal proceedings against Sandusky was never really about the law at all.  The Bellefonte, Pa., courtroom provided merely a backdrop for our view of this human tragedy.  Tuesday's sentencing hearing provides the last glimpse that focuses on Sandusky's role in the tragedy.  Soon enough we will turn our attention, with the trial of Penn State officials, to the role of university officials and, as a context for understanding their actions, the part played legendary Penn State football Coach Joe Paterno in this tragedy.   More content from NBCNews.com: 'They just decked the bride': Wild wedding melee caught on camera After police shooting of naked college student, mother asks why Video: School dinner is keeping some US children from going hungry How Border Patrol 'friendly fire' incident unfolded Plot to bomb 48 Okla. churches uncovered, police say Video: Rare spider creates web of controversy Follow US news from NBCNews.com on Twitter and Facebook

Cops: Lamborghini destroyed in 100 mph crash

By NBCSanDiego.com SAN DIEGO -- A 35-year-old male driver sustained major injuries, including burns to his face, after crashing his Lamborghini on northbound Interstate 15. According to California Highway Patrol officials, the crash happened around 11:20 p.m. Saturday just north of Mission Road. Officials said a suspected DUI driver from San Marcos was driving at speeds of more than 100 mph when he traveled from a lane into the center median on the freeway. More news from NBCSanDiego.com The collision caused the vehicle to split in half and the car quickly caught on fire. The driver sustained major injuries and burns and was airlifted to UCSD hospital. CHP officials said both the northbound and southbound lanes on I-15 were closed down for 20 minutes as the air ambulance landed. No other vehicles were involved and nobody else was hurt. The investigation is ongoing and officials believe alcohol may have played a role in the fiery crash. More world stories from NBC News: Pakistan halts drone protest led by ex-cricketer Khan Chavez's socialist rule at risk as Venezuelans vote Abu Hamza, 4 others tied to al-Qaida arrive in US to face terrorism charges Israel shoots down unidentified drone France arrests 11, kills one in nationwide anti-terror operation Stay informed: Sign up for our newsletter Follow World News from NBCNews.com on Twitter and Facebook

Chavez wins Venezuelan presidential election

Supporters of Venezuelan President Hugo Chavez hold photos of Simon Bolivar, who led Venezuela's fight for independence from Spain in the 1820s, during his campaign wrapup rally in Caracas on Thursday, October 4. The leftist leader, in power for almost 14 years, is vying for a fourth term in office that would extend his presidency for another six years. Chavez delivers a speeech in the rain during his on Thursday. Venezuelans head to the polls on Sunday, October 7. Venezuelan opposition presidential candidate Henrique Capriles Radonski, center, waves to supporters during a campaign rally on Thursday in San Fernando de Apure. Capriles greets supporters during a Thursday's campaign rally in San Carlos. Chavez holds a campaign rally in Valencia on Wednesday. Capriles delivers a speech during a campaign rally Wednesday in Maracaibo. A supporter of the opposition candidate, Capriles, screams during a campaign rally in Maracaibo. Chavez waves to supporters during a campaign rally in Barquisimeto on Tuesday, October 2. Capriles wears a native decoration from a shaman during a campaign rally in Puerto Ayacucho on Monday, October 1. Chavez's opponents are confident that on Sunday, Capriles will unseat the long-ruling leftist leader, a refrain previously heard before eventual defeats. Chavez greets supporters during a campaign rally in Sabaneta on Monday. He dismissed his much younger challenger as a "fly" not worth chasing when challenged to a debate this year. Capriles arrives for a campaign rally in Puerto Ayacucho on Monday. "Venezuelans are looking for a new way," Capriles told his supporters. "It's been 14 years of the same government. This government has already completed its cycle and has nothing more to offer. They're only recycling promises." Supporters of Venezuela's current president cheer during a campaign rally in Barquisimeto on Tuesday. Presumably because of his health, Chavez has not held as many rallies or traveled as often as he has in previous campaigns. His re-election effort has been mostly through presidential addresses that state-run television stations are mandated to carry. Capriles supporters attend a campaign rally in Puerto Ayacucho on Monday. Capriles greets supporters during a campaign rally in Puerto Ayacucho on Monday. Chavez supporters attend a campaign rally in Boconoito on Monday. Chavez waves to supporters on Tuesday. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Hugo Chavez thanks his supporters and acknowledges the opposition His defeated challenger urges him to govern for all Venezuelans Chavez, president since 1999, is re-elected to a six-year term With 90% of ballots counted, he has 54% of the vote, officials say Caracas, Venezuela (CNN) -- Venezuelan President Hugo Chavez was re-elected Sunday to a new six-year term, overcoming an energetic challenge by a candidate backed by an opposition coalition, according to nearly complete results announced by election officials. Chavez, who has been president since 1999, defeated Henrique Capriles Radonski, whose campaign criticized the Chavez administration for inefficiencies, infrastructure shortcomings and corruption. Fireworks began to pepper the sky over Caracas soon after the provisional results were announced. "Today we have demonstrated -- comrades, compatriots -- that our democracy is one of the best in the world," Chavez said in a speech from the balcony of the presidential palace to thousands of supporters who cheered and waved flags. He thanked those who had voted for him and acknowledged those who had voted against him, applauding their "democratic attitude." Chavez has had more than a decade to implement his vision of 21st century socialism, a view that emphasizes use of state oil windfalls to fund social programs. During his campaign, he highlighted his accomplishments in housing, education and health initiatives and acknowledged he need to do more on crime and government bureaucracy. The ebullient leader is 58 years old and has been visibly weakened by two surgeries for cancer. He has kept secret his kind of cancer and prognosis. His victory gives him "the opportunity to consolidate his policies" and also reaffirms the approach his government has taken to international relations, said Miguel Tinker Salas, a Latin American history professor at Pomona College in California. Chavez's influence over Latin America's left-leaning governments has often rankled the United States, Venezuela's largest trading partner. Venezuela is the fourth-largest exporter of oil to the United States. Despite that tight economic relationship, the two countries are far from close allies: Chavez often rails against the United States and its allies as "imperialists" and has supported controversial world leaders like President Mahmoud Ahmadinejad of Iran. The election result Sunday means the U.S. government will have to continue to deal with Chavez's provocatively independent brand of diplomacy. "I think Washington will have to start getting used to the fact that countries in Latin America, especially South America, are charting their own course," said Salas. With 90% of the ballots counted Sunday night, Chavez has 54.42% of the vote compared with 44.97% for Capriles, according to Tibisay Lucena, president of the National Electoral Council. Chavez had secured 7.4 million votes and Capriles 6.1 million votes, election officials said. In a speech to his supporters, Capriles congratulated Chavez on his victory and urged him to take into account the different views expressed by voters. "Being a good president means working for the vision of all Venezuelans," he said. Observers had said Capriles, 40, represented a moderate alternative to Chavez, the charismatic standard-bearer of the Latin American left. Capriles had vowed not to end the social programs that Chavez had set up, and he had promised to fight corruption that had grown in the public sector. Capriles is a high-profile conservative who was a mayor, a parliament member and governor of Miranda, which adjoins the nation's capital. The attorney-turned-politician had been so active on the campaign trial that he earned the nicknamed the "roadrunner." He appeared to have mounted one of the strongest challenges so far in Chavez's 13 years in power. But his efforts ultimately proved insufficient to unseat the incumbent. The opposition will now have to try to maintain a unified front for regional elections scheduled to take place December, Tinker Salas said. That may prove difficult, he said, since "the one thing that brought them together was the figure of Chavez." The country saw one of its high participation rates in decades on Sunday, with almost 81% of voters going to the polls, according to Lucena of the electoral council. In fact, some polls were kept open two hours after their scheduled closing because of lines of voters waited for ballots. Capriles battles 'too rich' image Venezuelan voters fear violence Can Capriles beat Chavez? Hugo Chavez looks to change his image The army was deployed around the country throughout the day to ensure a peaceful and secure vote, said Maj. Gen. Wilmer Barrientos, commander of strategic operations command. Nearly 140,000 troops were deployed throughout the country to guard polls and keep the peace, state-run VTV reported. In a phone call aired on state-run television earlier in the evening, Chavez had asked people to remain calm until the election results were completed and for there to be no violence. Long lines began forming in the early morning hours at polling stations from remote regions of the Amazon to the bustling capital of Caracas. By mid-afternoon, Barrientos reported 15 electoral offenses throughout the entire country, the Venezuelan military said on its Twitter account. No further details were immediately available. The election also drew voters from beyond the country's borders as thousands of Venezuelans living abroad lined up to cast their ballots at diplomatic offices. In New Orleans, Louisiana, voters streamed into the Venezuelan Consulate. Many traveled by bus from Miami, where Venezuelan authorities closed a consulate in January after the United States expelled the office's top Venezuelan diplomat. In Caracas, voters said they were happy to be casting their ballots. "I'm really proud of the people, because everyone is cheerful about this event and I think there is a good feeling," said Jesus Betancourt, a 25-year-old student. Standing outside the Caracas school where Chavez cast his ballot, Katherene Rivas said she hoped Venezuelans would respect the results. "For now, everything is quiet here, and we want that after the results are announced, that people remain calm," she said. Journalist Osmary Hernandez and CNN's Mariano Castillo, Paula Newton, Gustavo Valdes, Helena DeMoura, Patricia Janiot, Rafael Romo, Michael Martinez, Jethro Mullen and Richard Singer contributed to this report.