What would you need to know about the defendant to impose a sentence
Samuel Mendoza
What would you need to know about the defendant to impose a sentence?
I would need to know if the defendant had a history in breaking the law and also if any of them were violent crimes to help me get a timeframe of how long the sentence should be.
What specific information would you need to know about the offense to aid in sentencing?
The past. If the defendant is a juvenile I would like to know if his grades were good or even if he has a bad home structure to get him some counseling to try to help him pave a better future. As an adult I would just need to know the facts of the case and how severe the crime is especially if it comes to rape or murder. Also if anyone was hurt violently.
What are the top 5 factors that you would consider in fashioning a sentence?
Any past criminal history, including previous convictions for the same crime
Injuries that occurred to victims
The mental state of the defendant
The status of the defendant as the primary offender or an accessory
Any remorse being shown about the crime
I would also include the age and what the home environment is if the defendant is a minor.
What would be 2 aggravating and mitigating factors to consider in this case?
Two aggravating factors would be if the defendant played a leadership role in the crime making him the head of the snake and if he has prior record to committing similar crimes. Two mitigating factors are if there is physical or mental illness the defendant has and if there is a lack of a prior record.
Aggravating and Mitigating Factors in Criminal Sentencing | Justia
What Factors Are Considered During Sentencing? | Lusby Law P.A.
Jody Lemon
Hello class Happy Holidays!
I feel that in order to make a fair judgment and issue an appropriate sentence, I would need to know the history of the offender. Not just their criminal history, also mental health, substance abuse issues, employment history, everything. I would need to have a full PSI, or presentence investigation report done and read it thoroughly, and follow up with any questions that may arise from it. I would want to have a clear understanding of who this person is, the kind of help they have been offered, and whether this was something that was drug addiction-related. I would also like to see if there was any remorse and accountability from the offender.
The specific information I would need about the actual crime would be if they used excessive force, like where they not only holding a gun, did they point it in someones face, did they physically harm someone, did they try to use a hostage or have a hostage for leverage to get cooperation, if they got away, did they resist when they were caught up with. Were they alone in the crime, and if others were involved did they head the group, were they the brains behind it.
The five most important factors I would use for consideration in the sentence would be:
* If there is a history of substance abuse, and if there is any history of trying to get help for it.
* The degree of force that was used in the crime.
* Previous crimes and incarceration history.
* If the offender showed any remorse for their actions if they took any accountability.
* The sentencing guidelines that are set for this crime.
Two aggravating factors in this situation would be:
* The use or amount of force used in the commission of the crime.
* A previous criminal history, especially if it is for serious crimes, if this is a repeat crime, and how long of a history of criminal behavior.
Two mitigating factors would be:
* No previous history of criminal behaviors.
* If they showed remorse, by returning the stolen money, or if they turned themselves in, if they apologized to the victims and things like that.
Answer preview to what would you need to know about the defendant to impose a sentence
APA
170 words
