A layperson's question: What is the standard of proof the judge used in his finding
of aggravating factors?
They will argue that the presence
of aggravating factors — things that make your case more serious or dangerous — support a harsh punishment.
In his tough questioning of USSC Chair Judge Patti Saris, Rep. Gowdy suggested he would favor having Congress «codify» the guidelines via statutes (which would, of course, require jury findings
of all aggravating factors based on Apprendi / Blakely).
Marsh, on the other hand, concerns the Eighth Amendment requirement
of aggravating factors, a much more legalistic claim.
Factors that will affect the penalty include the age of the victim, the presence
of any aggravating factors, and your own existing criminal record.
The prosecution will be required to establish, beyond a reasonable doubt, that you are guilty
of these aggravating factors.
There are a lot
of aggravating factors, and it's not actually the food that you eat that can cause them.
Eczema (often referred to as «atopic eczema») presents as dry, itchy, flaky and irritated skin that occurs as a combination
of aggravating factors.
The majority concludes a judge may impose an exceptional minimum sentence on the basis
of an aggravating factor neither found by the jury nor admitted by the defendant.
Consequently, a judge can not impose an exceptional minimum sentence on the basis
of an aggravating factor neither found by the jury nor admitted by the defendant.
Not exact matches
All
of which is
aggravated by two additional
factors: a mainstream media which is largely uninformed about religion, and often hostile to people
of faith, and a growing number
of self - professed Christians who are abetting the secularization
of America.
Whether he's tired, out
of his routine, or
aggravated by some other
factor, he becomes emotional, irrational, and angry.
We call our nipple ointment «all purpose» since it contains ingredients that help deal with multiple causes or
aggravating factors of sore nipples.
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-...]
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 aggravating factor when determining whether to impose the death sentence on a
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 aggravating factor when determining whether to impose the death sentence on a defe
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
aggravating factor when determining whether to impose the death sentence on a
aggravating factor when determining whether to impose the death sentence on a defe
factor when determining whether to impose the death sentence on a defendant.
Earlier research has shown that environmental
factors, including pesticide exposure, may
aggravate inherited deficiencies in mitochondrial function, possibly explaining some cases
of Parkinson's disease.
One encouraging mitigating
factor was «science curiosity,» or the «motivation to seek out and consume scientific information for personal pleasure,» which «seems to counteract rather than
aggravate the signature characteristics
of politically motivated reasoning.»
The authors suggest that the childhood risk
factors are important indicators
of COPD risk, that are
aggravated by smoking and having asthma in adulthood.
In a linked editorial, Cornelius Katona, medical director at the Helen Bamber Foundation, says «a robust mental health response to the refugee «crisis» must lie in a combination
of clinical vigilance, recognition
of vulnerability
factors, and above all, a determination to minimise the
aggravating effects
of post-migration experiences.»
High IgE levels are a key clinical measure
of an
aggravated immune sensitivity to certain particles in the environment — the basis
of atopy (allergies) and an important predisposing
factor to the development
of asthma.
Excessive consumption
of simple sugars may lead to dysbiosis and increased production
of inflammatory cytokines; artificial sweeteners are a potential
factor of inflammation in the intestines; refined salt can
aggravate autoimmune diseases.
Factors that
aggravate RLS Sleep deprivation can make subtle RLS symptoms much worse, so sleep specialists often find that when a separate cause
of sleep loss is treated — insomnia with medication, or sleep apnea with continuous positive airway pressure (CPAP) therapy — patients report that their RLS improves as well.
Some cases
of depression have a genetic component, but lots
of factors beyond an inherited tendency can spur and
aggravate depression symptoms, including various environmental
factors.
In a recent study
of 10 lean healthy individuals, both nuclear transcription
factor - κB activation and nitrotyrosine were acutely increased ≤ 3-fold after a high GI meal by comparison with a low GI meal, suggesting that high - normal physiologic increases in blood glucose after meals could
aggravate inflammatory processes (6).
Friendly bacteria are important for the proper digestion and assimilation
of the food that we eat, thus having the wrong bacteria can lead to nutrient deficiency, auto - intoxication and
aggravated immune response, all important
factors that must be cured before hair loss can be reversed.
Perhaps a better question is this: Can excess fluid intake be an
aggravating factor rather than the cause
of water and sodium imbalance?
There are a number
of physical
factors that can speed up the onset
of vaginal dryness, or
aggravate the condition in menopausal women.
Demonstrates misconduct that warrants lesser discipline and there are
aggravating factors which may include a heightened position
of trust, young students, numerous warnings by employer or advisory licensing body, vulnerable students or other
factors.
That's one
of the biggest
aggravating factors to remakes for me.
I am still not convinced that a consoles ability to be played offline was a major
factor in the decision
of a large number
of consumers — if you were going to buy an Xbox, I think the always online was not an
aggravating factor.
This could be an
aggravating factor, but is highly unlikely to be the primary source
of global heating.
Indeed enhanced evaporation
of water vapour into the atmosphere is conventionally regarded as an
aggravating factor because water vapour is itself a greenhouse gas (see below about that).
Likely
aggravating factors included snowmelt from the warm temperatures
of the event and already - saturated soils from heavy rains several weeks earlier.
Another potentially
aggravating factor will be the lingering effects
of California's severe drought.
Black carbon has likely played a far more significant role there, because
of the contrast between absorbing aerosols deposited on the ice surface, and the high albedo perennial ice cover, and thus in this particular region black carbon has likely been an
aggravating factor when it comes to anthropogenic surface warming.
A spate
of new
aggravating factors to be considered on sentencing relate directly to fraud cases and a two - year mandatory minimum jail sentence will be imposed on anyone convicted
of a fraud involving $ 1,000,000 or more.
The size
of these penalties will, like other regulatory contexts, depend upon a number
of aggravating and mitigating
factors.
Without
aggravating factors, predatory criminal sexual assault
of a child can be punished by 6 to 60 years in prison.
When
aggravating factors are present, the penalties for predatory criminal sexual assault
of a child are much more severe.
In light
of the broad definition
of assault above, penalties for an assault conviction can vary depending on the specific circumstances
of the offence, the offender, and the complainant, or the presence
of «
aggravating» or «mitigating»
factors, which result in greater and lesser penalties, respectively.
Penalties for a conviction
of criminal harassment will vary depending on the specific circumstances
of the offence, the characteristics
of the offender and the complainant and the presence
of aggravating or mitigating
factors.
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.
The specific penalties you may face will depend on an analysis
of mitigating (helpful) and
aggravating (harmful)
factors.
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.
Other
aggravating factors can be long commutes, the difficulties
of finding reliable daycare, and the combination
of early mornings to take kids to school, and late nights in front
of a glowing screen.
Depending on whether any other
aggravating factors exist, a charge or its penalties could be enhanced to the detriment
of the offender.
The Office
of US Probation will then prepare a report, a Presentence Investigation Report (PSR), where a probation officer will detail any
aggravating and mitigating
factors present in the case.
When attempted first degree murder is committed with
aggravating factors, the terms
of imprisonment will be extended.
«Rosenfeld's status and position as a lawyer was noted as one
of the significant
aggravating factors in the court's decision,» said the report.
It could have been an
aggravating factor in terms
of free movement, but as far as State aid law is concerned, selectivity has to be examined at the level
of one Member State only, the decisive criterion being whether the measure differentiates between undertakings or sectors that are in a comparable factual and legal situation.