Question 1

Any plea bargaining agreements or co-operation with the prosecution authorities

Accepted Answer

Whether the accused entered a plea agreement with the prosecutor in exchange for a reduced penalty, or provided information or assistance to the authorities during the investigation or prosecution.

Question 2

Mitigating factors, like coercion or need

Accepted Answer

Refers to circumstances that may lessen the responsibility or moral culpability of the accused, such as acting under duress or coercion or because it was necessary to prevent greater harm.

Question 3

Any mitigating or aggravating circumstances that may be presented by the prosecution or the defence.

Accepted Answer

Evidence or arguments presented by both the prosecutor and the defence that could affect the punishment, such as evidence of the accused&#8217;s previous bad acts or extenuating circumstances such as mental illness or addiction.

Question 4

Military or public service performed by accused

Accepted Answer

Refers to the defendant&#8217;s military service, public service or other achievements that may be relevant to their sentence.

Question 5

Relevant laws, policies and case law in the jurisdiction of the offence

Accepted Answer

Indicates the specific laws, policies, and case law in the jurisdiction where the offence was committed that may affect the sentence, such as mandatory minimum sentences, sentencing guidelines, or prevailing community attitudes towards punishment.

Question 6

Accused's co-operation with authorities

Accepted Answer

Sentencing may take into account how well you have cooperated with law enforcement and other authorities in investigating and prosecuting your case.

Question 7

Age and mental/physical health of the offender

Accepted Answer

The defendant&#8217;s age and any physical or mental health problems may be relevant to the court in determining an appropriate sentence. For example, an older defendant or one with a serious health problem may be given a lighter sentence.

Question 8

Role of the defendant in the offence

Accepted Answer

The role played by the defendant in the commission of the offence may have an impact on the sentence &#8211; a principal or a co-conspirator may receive a more severe sentence than an accomplice or someone who played a minor role.

Question 9

Financial resources and ability of the defendant to pay fines

Accepted Answer

A defendant&#8217;s financial resources and ability to pay fines or other financial penalties may be taken into account in determining an appropriate sentence. The court may consider whether a defendant has the ability to pay restitution to the victim(s) and/or fines to the state.

Question 10

Deter the accused and others

Accepted Answer

Sentencing may be influenced by the aim of deterring the accused and others from committing similar offences in the future. A harsh sentence may act as a deterrent, whereas a more lenient sentence may not have the same effect.

Question 11

Safety and security of the public

Accepted Answer

Public safety and protection is a key consideration in sentencing. A defendant who poses a significant threat to public safety may be sentenced more severely to ensure he cannot commit further offences.

Question 12

Ability to rehabilitate the accused

Accepted Answer

The defendant&#8217;s potential for rehabilitation, or ability to be successfully treated or trained not to reoffend, may be considered in determining an appropriate sentence A defendant who appears likely to be successfully rehabilitated may be sentenced more leniently.

Question 13

Penalty guidelines and mandatory minimums

Accepted Answer

Sentencing guidelines and mandatory minimum sentences set by state or federal law may be a factor in determining a sentence. The court must follow these guidelines and mandatory minimum sentences, although it may have some discretion in certain cases.

Question 14

Aggravated or extenuating circumstances under the law

Accepted Answer

Statutory aggravating circumstances are elements of the offence or of the defendant&#8217;s conduct that increase the severity of the sentence, while mitigating circumstances are elements that decrease the severity of the sentence. These factors are often specified in state or federal law.

Question 15

Community and judicial approaches to sentencing

Accepted Answer

Community and judicial views on the appropriate punishment for a particular offence may be a factor in determining a sentence. Public opinion and the views of the judge or sentencing panel may influence the perceived severity of a particular sentence.

Question 16

Defendant co-operating with Authorities

Accepted Answer

The extent to which the defendant assisted police or other authorities in investigating or prosecuting the offence may be considered a sentencing factor.

Question 17

Age and mental and physical health of the defendant

Accepted Answer

Age, mental health and physical health of an accused person are relevant to sentencing because they affect his or her ability to understand consequences of his or her actions and his or her ability to reform.

Question 18

The role of the accused in the offence

Accepted Answer

The role of the defendant in the commission of the offence may also be taken into account. Those who have played a leading or more active role often receive a more severe sentence.

Question 19

Type and circumstances of crime

Accepted Answer

This factor relates to the specific details and events surrounding the commission of the offence, including the means used and the aggravator and extenuating factors.

Question 20

Previous record

Accepted Answer

This factor considers the defendant&#8217;s previous criminal history, including any previous convictions, as well as the defendant&#8217;s history of having been sentenced.

Question 21

Defendant's Character and History

Accepted Answer

This factor considers the overall background of the accused, including education, employment, family circumstances, and any history of drug or alcohol abuse.

Question 22

Remorse, or lack thereof, of the defendant

Accepted Answer

This factor takes into account the defendant&#8217;s expression of remorse for the offence committed. It includes any apology or expression of regret.

Question 23

Victim(s) Impact of the crime

Accepted Answer

This factor assesses the physical, emotional and financial harm suffered by the victim(s) as a result of the offence and the impact the offence has had on their lives.

Factors That Affect Sentencing