Sentences with phrase «factor in the sentencing»

Although the latter charge was dropped from the indictment, related evidence still played a factor in sentencing.

Her age, medical situation and lack of a prior conviction were believed to have been a major factor in the sentencing.

But Karas wasn't buying that argument, though he did note Smith's «good deeds» factored in the sentence.

For example, you might write, «Aggravating factors in sentencing include assaults lasting an unusually long time, or causing particularly serious injuries, or that demonstrated unusual cruelty.

The blending of policy - and individual - based factors in sentencing adversely affects both the fairness of individual sentences and the development of the Sentencing Guidelines themselves.

They could probably be tried for murder - the blackmail might be considered as a mitigating factor in sentencing.

[11] The nature and gravity of the offence are the «central factor in sentencing».

Addressing these factors in sentencing through Gladue - type cultural assessment reports will not prevent brutality against Black inmates, or resolve the social and economic circumstances which lead to overrepresentation of Blacks in Canadian prisons.

Customary Law is therefore more than a mitigating factor in sentencing processes before the courts.

Not exact matches

But, this sentence by Guardian is an oversimplification of the factors in question.

Kayne recognizes in these sentences a point made Howard Marks: «The biggest investing errors come not from factors that are informational or analytical, but from those that are psychological.»

The Delaware court found that a jury not only must decide whether there were «aggravating circumstances» that could justify a death penalty, but also must find, «unanimously and beyond a reasonable doubt,» that such aggravating factors outweigh any mitigating circumstances — the critical determination in imposing a death sentence.

Your guess is as good as mine, but I take the crucial sentence to be this: «Taken together, these factors create the unsustainable stresses on nature that have been recorded in recent years.

Molo said the information was far too broad and generalized, and far too remote in time to be considered a factor by the judge when Silver is sentenced on May 3.

Tacking Rep. Faso in the Age of Trump fivethirtyeight.com Death Sentence Aggravating Factor Expansion — Vote Passed (271 - 143, 16 Not Voting) Passage of the bill that would require courts and juries to consider if a defendant killed or attempted to kill a state law enforcement officer, local law enforcement officer or first responder as an -LSB-...]

U.S. District Senior Judge Thomas J. McAvoy will rely on federal sentencing guidelines if he sentences Scarborough, and must publicly state his justifications if he sentences the lawmaker to less or more time than are called for in the guidelines, which take into account factors such as a defendant's criminal history and acceptance of responsibility for their crimes.

Lum cautions that in the real world, other factors besides sentence duration likely contribute to differences in incarceration rates.

In reading, educators usually determine the appropriateness of a text based on factors such as sentence length, vocabulary, readability, skill development, and content.

Includes 10 sets of double - sided activity cards 798 Blocks 72 mats (24 of each type: Basic Mat, Sentences Mat, and Quadrant Mat) 24 Factor Tracks Packaged for convenience in two portable carrying cases

What Charlie Munger is saying in these sentences is that operational excellence in running a business is very important, but the factors that maintain the barriers to entry of the business must also receive proper attention by management.

In many cases, those two factors amount to a death sentence.

And that grade is confirmed for agreeing with the sentence «Furthermore, the change in atmospheric CO2 seems to be dependent on climatic factors mostly, so when the warmth declines, the growth in CO2 will reduce and eventually become negative.

Romm also cites the following sentence from the executive summary as misleading: «In comparison to other factors, the impact of conservative media and commentators on wider public opinion remains limited.»

But the sentence reading «Spread in model climate sensitivity is a major factor contributing to the range in projections of future climate changes,» strongly suggests it is an input.

But in the sentencing, Superior Court Judge James Downs found that Diez's military service, along with testimony from former colleagues about his good character, were mitigating factors, and chose to sentence him to 15 - 27 months instead.

I loved this sentence: «Although a quantitative relationship between the proxy records of the Jinchuan peat, the Japan tree - ring series and the Taiwanese sediment records with modern climate data are not given in the original works, the qualitative connectivity with temperature as the dominant controlling factor has undoubtedly been verified»

At Crime & Federalism, Mike Cernovich asks whether poverty should be a mitigating factor in criminal sentencing.

In such circumstances, the court's intervention is justified because the sentencing judge decided on the fitness of the sentence without considering a relevant factor,» Wagner wrote in Pham v. In such circumstances, the court's intervention is justified because the sentencing judge decided on the fitness of the sentence without considering a relevant factor,» Wagner wrote in Pham v. in Pham v. R.

Although indemnity exposure to a nonsettling defendant is certainly a factor to be gauged in the good faith determination calculus, PacifiCare could not recover fees under Health and Safety Code section 1371.25 given that the statutory provision's first sentence prevented plaintiffs from holding PacifiCare vicariously liable for Bright's conduct or for recovering the attorney's fees PacificCare incurred in its defense of plaintiffs» claims.

The Court of Appeal held that in the Ellacott case the sentencing judge considered all of the required factors, including:

Though the Criminal Code does not provide a list of mitigating factors to be used in determining a fair sentence in a criminal trial, judge made case law has established a list of mitigating factors that the courts may use to determine a fair sentence in a particular case.

Section 718.2 (a) of the Criminal Code states that judges in criminal cases are requires to either increase or decrease an offenders sentence based on the aggravating and mitigating factors in the case.

Aboriginal Offender not required to establish causal connection It is an error in principle for a sentencing judge, in assessing the first branch of the Gladue framework, to require an offender to establish a causal link between systemic and background factors and the commission of the offence.

The Court added «The possible future legalization of possession of marijuana can have no legal effect on the sentencing regime,» and, «it is an irrelevant extraneous factor that could, in this case, play no part in sentencing considerations.

Ellacott had been properly sentenced even though the Superior Court Justice had erred when he used Ellacott's testimony and his denial of guilt as aggravating factors in his decision.

The value of items taken and the defendant's criminal history, if any, are the two main factors that will influence potential sentencing for a shoplifting conviction in Scranton or Wilkes - Barre, Pennsylvania.

When sentencing an Aboriginal offender, courts must consider: (1) The unique systemic or background factors which may have played a part in bringing the particular aboriginal offender before the courts.To do this courts are to take judicial notice of such matters as the history of colonialism, displacement, and residential schools and how that history continues to translate into lower educational attainment, lower incomes, higher unemployment, higher rates of substance abuse and suicide, and higher levels of incarceration for Aboriginal peoples.

The Government argues that in doing so the District Court «discarded the Guidelines in favor of the District Court's personal view of the seriousness of the offense,» resulting in «fail [ure] to give proper weight to the sentencing factors.»

After carefully considering those factors, the District Court sentenced Adelson principally to 42 months» imprisonment, a sentence substantially below the applicable Guidelines range of life in prison, and also imposed an order of restitution of $ 50 million, payable to the company's shareholders, and directed Adelson to forfeit $ 1.2 million in criminal proceeds.

This judge has stated post-Booker that every case must begin with a guideline sentence and 3553 factors are already considered in the sentencing guidelines.

Many, if not most, judges and legal scholars would be in agreement that ease of reading, as well as clarity of sentence structure, and grammar, are some of the primary factors in gauging the effectiveness of legal argument.

718 et seq. of the Criminal Code, R.S.C. 1985, c. C ‑ 46, and although the objectives set out in those sections guide the courts and are clearly defined, it nonetheless involves, by definition, the exercise of a broad discretion by the courts in balancing all the relevant factors in order to meet the objectives being pursued in sentencing.

Last July, the Wisconsin Supreme Court affirmed the lower court's decision that the risk assessment may be considered as one factor among many used in sentencing.

Each time, the abandonment of a nuanced fact - based approach to sentencing in which our appointed Judges were trusted to carefully balance the mitigating and aggravating factors has been justified by resort to alarmist pleas about the overriding necessity to «get tough on crime».

Nancy points to numerous studies from disciplines outside the law that identify factors impacting a reader's comprehension.1 Word choice, sentence structure, paragraph length, and formatting considerations such as type size, font type, and white space can all play a role in helping a reader comprehend a message.

The headline points are: ● prolonged, persistent and deliberate bad driving and consumption of drink and drugs puts offenders in the most serious category with jail sentences of at least seven years; ● a combination of these features of dangerous driving accompanied by aggregating factors, such as a bad driving record, attracts sentences towards 14 years; ● careless driving under the influence of drink or drugs provides for a longer sentence, as the degree of intoxication increases; ● regarding mobile phones — an offender distracted by a handheld mobile phone when the offence was committed will be treated as particularly serious; ● reading or composing texts over a period of time at the wheel is also likely to result in a higher level of seriousness and offenders should serve up to seven years in prison.

Aside from the sentence imposed, the J.R. Contracting case is also notable because the court held that the Regulatory Modernization Act (an Ontario statute enacted in 2008 that, principally, provides for information sharing between provincial ministries and bodies) provided the authority for the supervisor's environmental convictions to be treated by the Crown Prosecutor and court as an aggravating factor when sentencing for the OH&S violation.

While sentencing guidelines are followed in the vast majority of cases, courts are allowed to impose a softer or harsher sentences «when substantial and compelling aggravating or mitigating factors are present.»

If the Supreme Court decides in Rita that the focal point of the analysis is the correspondence between the sentence imposed and the parsimony provision, and that the Guidelines are no more important than any other 3553 (a) factor, then the loss of Claiborne wouldn't seem to do much.

This is a significant development because it establishes further factors that could, if used, increase the probability of a custodial sentence in cases involving a fatality or serious injury.