But as long as it bears some relation to the crime, defense lawyers often try to present just about every fact in the defendant's favor at sentencing. Judges tend to have wide discretion in what they can consider, and an argument that doesn't appeal to one judge might resonate with another. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.
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Grow Your Legal Practice. Meet the Editors. Aggravating and Mitigating Circumstances. Mitigating Circumstances in Sentencing. Anything That's Relevant When determining a sentence, a judge or jury usually a judge can consider all information that reasonably relates to the defendant's culpability. Common Mitigating Circumstances Here are some common mitigating circumstances. The list is far from exclusive. Not Everything Under the Sun Not everything can be a mitigating circumstance.
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Leadership Role: If the defendant played a prominent role in a criminal scheme, such as a leadership or managerial role, some jurisdictions allow courts to consider that as an aggravating factor. This is particularly true if the defendant influenced or controlled others involved in the offense.
Hate Crimes: Some states have enacted laws that allow sentencing enhancements if the state proves that the defendant was motivated by bias or animus based on a group characteristic. Most hate crime statutes include categories like race, religion, and national origin. Some states include categories like sexual orientation and gender identity as well. Mandatory minimum sentencing laws are still common for many drug-related offenses.
The penalties for offense involving crack cocaine, for example, used to vary widely from the penalties for offenses involving cocaine in powder form, due to mandatory minimum laws targeting crack. The Fair Sentencing Act of sought to eliminate the disparity, but other laws still have a similar effect. The defense may put on evidence of mitigating factors that would support leniency in sentencing. See Lockett v. Ohio , U. Common mitigating factors include:. Last reviewed October Criminal Law Contents.
Criminal Law. Collection orders. Introduction to compensation 2. Suggested starting points for physical and mental injuries. Racial or religious aggravation — statutory provisions 2. Aggravation related to disability, sexual orientation or transgender identity — statutory provisions 3. Approach to sentencing. Introduction to out of court disposals 2. Cannabis or khat warning 3. Simple caution 4. Conditional caution 5. Penalty notices — fixed penalty notices and penalty notices for disorder 6.
Community resolution 7. Offences for which penalty notices are available. Obligatory disqualification 2. Special reasons 3. Discretionary disqualification 5. Disqualification until a test is passed 6. Reduced period of disqualification for completion of rehabilitation course 7. New drivers 9. Extension period of disqualification from driving where a custodial sentence is also imposed.
Victim personal statements 2. Prevalence and community impact statements. Overarching guidelines back Allocation General guideline: overarching principles Imposition of community and custodial sentences Offences taken into consideration Overarching principles: domestic abuse Reduction in sentence for a guilty plea - first hearing on or after 1 June Sentencing Children and Young People Sentencing offenders with mental disorders, developmental disorders, or neurological impairments Totality.
Calculators back Fine calculator Drink-driving calculator Using the calculators. Home Explanatory Materials Aggravating and mitigating factors Show all parts of this guide.
Automatic orders on conviction for sexual offences Additional note: Availability of ancillary orders Community Orders 1. Breach of community order Custodial Sentences 1. Breach of a suspended sentence order Deferred Sentences Fines and Financial Orders Approach to the assessment of fines 1.
Approach to the assessment of fines — introduction 2.
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