Sentences with phrase «mitigating circumstances of the cases»

Not exact matches

The formulation of penalties may be motivated or even dominated by considerations of deterrence, rehabilitation, mitigating circumstance, humaneness, respect of persons or protection of society, but in every case there is necessarily the assumption that the legal penalty is occasioned and justified by the behavior of the one penalized.

In all but one case the firm's lawyers have successfully argued that mitigating circumstances — mainly the victim's alleged drug use or a pre-existing cardiac condition — meant they would have died from the trauma of being physically subdued by police officers in any case.

There are a variety of factors involved in homicide cases, such as mitigating or aggravating circumstances, as well as statutory enhancements.

Consider a defendant in a case without Blakely factors who might reasonably think she has a chance of a lower sentence without the guidelines» limits on the consideration of mitigating circumstances.

Therefore, whether the length of service or the quality of service is a relevant factor that mitigates the effect of the misconduct on the employment relationship is a question for the trial judge to determine based on the specific facts and circumstances of a particular case.

In weighing the circumstances, the Court of Appeal considered mitigating aspects of the case including:

Exceptions are occasionally allowed in the case of mitigating circumstances and improved credit.