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Title: List and describe at least three typical aggravating and mitigating circumstanc Post by: colleen on Jul 31, 2012 List and describe at least three typical aggravating and mitigating circumstances that judges may consider in arriving at sentencing decisions in presumptive sentencing jurisdictions. Discuss the pros and cons for each circumstance.
Title: Re: List and describe at least three typical aggravating and mitigating circumstanc Post by: how_mendel on Aug 2, 2012 Aggravating: The defendant induced others to participate in the commission of
the offense. The offense was especially heinous, atrocious, or cruel. The defendant was armed with or used a deadly weapon during the crime. The defendant committed the offense to avoid or prevent a lawful arrest or to escape from custody. The offense was committed for hire. The offense was committed against a current or former law enforcement or corrections officer while engaged in the performance of official duties or because of the past exercise of official duties. The defendant took advantage of a position of trust or confidence to commit the offense. Mitigating: The defendant has no record of criminal convictions punishable by more than 60 days of imprisonment. The defendant has made substantial or full restitution. The defendant has been a person of good character or has had a good reputation in the community. The defendant aided in the apprehension of another felon or testified truthfully on behalf of the prosecution. The defendant acted under strong provocation, or the victim was a voluntary participant in the criminal activity or otherwise consented to it. The offense was committed under duress, coercion, threat, or compulsion that was insufficient to constitute a defense but that significantly reduced the defendant’s culpability. At the time of the offense, the defendant was suffering from a mental or physical condition that was insufficient to constitute a defense but that significantly reduced the defendant’s culpability. |