Sentences with phrase «sentencing factors considered»

One of the traditional sentencing factors considered by courts is the maximum penalty available.

Not exact matches

A spokesman for the British judiciary told Business Insider that Sikorska's sentence was «not unusual,» considering the model's «mitigating factors,» such as her jobs and ongoing education.

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-...]

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 deSentence 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 defeFactor 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 defefactor when determining whether to impose the death sentence on a desentence on a defendant.

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.

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. R.

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

If your breath sample readings are over double the legal limit (if you blow 160 or higher), it is considered an aggravating factor and a judge has to consider that when crafting an appropriate sentence.

Criminal law — Post-trial procedure — Appeal from sentence — Factors to be considered — Record of accused

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.

But the record demonstrates that the District Court's decision to impose a below Guidelines sentence was not a failure or refusal to recognize the Guidelines, but rather a carefully considered reliance on the Section 3553 (a) 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.

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.

More disturbing or violent content will be considered an aggravating factor and will indicate that a harsher sentence is appropriate.

Instead, as a quick review of Congress's express commands in section 3553 (a) of the Sentencing Reform Act makes clear, Congress told judges to «impose a sentence sufficient, but not greater than necessary, to comply with» the traditional purposes of sentencing (while also considering various relevant facts and factors including the guSentencing Reform Act makes clear, Congress told judges to «impose a sentence sufficient, but not greater than necessary, to comply with» the traditional purposes of sentencing (while also considering various relevant facts and factors including the gusentencing (while also considering various relevant facts and factors including the guidelines).

Although the Sentencing Guidelines do not affirmatively address dual role situations, Commentary to the Sentencing Guidelines state that «applicable industry practice or the standards called for by any applicable governmental regulations» are factors to be considered.

(TC) 77, after considering the Gladue factors, imposed a global sentence of 15 months.

If wrongdoing does occur, the existence of such a program is one of the main factors that law enforcement and regulators consider when negotiating a settlement, and that judges consider when sentencing a company.

By now Walters had the standard recitations memorized, and all that needed to be appended was a discussion of the factors he considered in determining this sentence.

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

Considering all of these factors, it seems that statistical data shouldn't be weighed as heavily as Mr. Baron suggests in terms of predicting a sentence either.

The judge considered all these factors, and despite the serious nature of the offense, agreed to a sentence of 12 months probation, rather than jail time.

First, the sentencing judge should consider «the unique systemic or background factors which may have played a part in bringing the particular aboriginal offender before the courts».

If an offender was already subject to a peace bond, recognizance, or any other court order at the time of the offence, the court will usually consider that an aggravating factor for sentencing purposes.

Further, we identify and present mitigating factors to the court which will be considered at the sentencing stage.

Post-trial procedure — Appeal from sentence — Types of orders — Discharge granted; Factors to be considered — Record of accused

Would and should a probation officer and a sentencing judge consider common downward departure arguments — e.g., extraordinary family circumstances, aberrant behavior — in the context of the established departure jurisprudence, or should judges just be completely free to consider these factors as they see fit?

The provisions of the Criminal Code outline the principles that the Court uses for determining the appropriate sentence for a crime.One of the principles of sentencing that is considered a «mitigating factor» is the existence of «remorse».

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.

There is absolutely nothing in Rita that compels a sentencing judge who wants to treat the Guidelines as mandatory to really consider the 3553 (a) factors, so long as he gives some kind of lip service to «having listened to the arguments» (which is what I read Rita as basically requiring, if that much, in terms of a judicial statement).

Thus, the «character of the offender» is one factor to consider before ordering a period of probation (s. 731 (1)-RRB- or ordering that a sentence be served intermittently (s. 732 (1)-RRB-.

Courts must also consider the new enumerated «aggravating factors» when sentencing companies convicted of regulatory offences, including whether the offence caused damage or risk of damage to the environment or to «any unique, rare, particularly important or vulnerable component of the environment.»

[48] Judges looking to assess a fine should also consider the factors in the federal sentencing statute in calculating the amount, including the seriousness of the offence, promotion of respect for the law, provision of just punishment for the defendant and its deterrent factor.

The judge presiding over your criminal sentencing hearing must consider any and all mitigating and aggravating factors that are presented.

[50] When imposing probation, the sentencing judge must consider the Guidelines [51] as well as the factors set forth in the SRA.

Prosecutors and some judges simply don't want judges to be able to consider these factors, even though it would rationalize sentencing to a considerable degree if they could.

In that mandatory system, a judge was not allowed to consider any factor (often a «policy» factor) that the Sentencing Commission had already considered.

The only restriction on factors that could be considered on setting a sentence within the legal range has been a prohibition on considering impermissible factors such as race and nationality.

2006)(«But just as we presume on appeal that a sentence within the applicable Guideline range is reasonable, so are district courts free to make the same presumption - so long as they also consider the other factors listed in 3553 (a).»).

Though I agree with the majority that the district court followed the proper procedures in calculating the Guidelines range and considering the 18 U.S.C. § 3553 (a) factors, I disagree with the majority's conclusion that the sentence imposed is substantively reasonable, and thus, I respectfully dissent...

But in our view, the district court did not provide a sufficiently compelling justification to support the degree of its variance, nor did it give any apparent weight to many other important statutory factors embodied by Congress in 18 U.S.C. § 3553 (a) that must be considered at sentencing.

Certainly, in considering the § 3553 (a) factors in the course of determining «that an outside - Guidelines sentence is warranted,» the district judge «must consider the extent of the deviation and ensure that the justification is sufficiently compelling to support the degree of the variance.»

In sum, considering all of the factors that the district court viewed as mitigating in their totality, we hold that the thirty - six month downward variance was supported by the justifications necessary to uphold the sentence.

After considering this range in conjunction with the factors set forth in 18 U.S.C. § 3553 (a), the district court sentenced Pauley to forty - two months» imprisonment.

Despite recognizing that some other courts have reached a different conclusion, the Ohio Supreme Court held that jury's weighing of aggravating circumstances against mitigating factors is not a fact - finding process, so it is not governed by Hurst, but even if it were, there was no violation because Ohio law requires the jury to unanimously agree that aggravating circumstances outweigh mitigating circumstances beyond a reasonable doubt before the trial judge can consider imposing a death sentence.

Appeals against sentence: An appeal judge may allow an appeal against sentence only if the trial court made an error in principle, failed to consider a relevant factor, overemphasized a factor, or imposed a sentence that was clearly wrong.

Also, the granting is a Discharge is at the discretion of the sentencing Judge and is subject to the factors identified in the «Factors Considered» sfactors identified in the «Factors Considered» sFactors Considered» section.

When sentencing an offender the Court will consider the breach of trust between domestic partners as an aggravating factor.