Using ‘Summarily’ in a Sentence: An Explanation

Indicates whether the defendant has reached an agreement with the prosecution to admit guilt in exchange for a reduced sentence, or whether the defendant has provided information or assistance to the authorities in the investigation or prosecution of the case.

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

Refers to the evidence or arguments presented by both the prosecution and the defence that may affect the sentence. For example, evidence of the defendant’s previous bad acts, or mitigating circumstances such as mental illness or addiction.

Refers to the defendant’s military service, public service or other achievements that may be relevant to their sentence.

Refers to the specific laws, policies and case law in the jurisdiction where the offence was committed that may affect the sentence. For example, mandatory minimum sentences, sentencing guidelines or prevailing views on punishment in the community.

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

The defendant’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.

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

A defendant’s financial resources and ability to pay fines or other financial penalties may be considered when determining an appropriate sentence. The court may consider the defendant’s ability to pay restitution to the victim(s) and/or fines to the state.

The sentence can be affected by the aim to deter the accused and others from similar offences in the future.

The safety and protection of the public is a key consideration in sentencing. A sentence may be tougher for an offender who poses a significant threat to public safety in order to prevent him or her from committing further offences.

The potential of the defendant to be rehabilitated, or the ability to be successfully treated or trained so as not to reoffend, may be taken into account in determining an appropriate sentence A defendant who appears to have a high likelihood of being successfully rehabilitated may be sentenced more leniently.

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

Statutory aggravating circumstances are elements of the crime or the defendant’s conduct that increase the severity of the sentence, while mitigating circumstances are elements that decrease the severity of the sentence.

Public opinion and the views of judges or sentencers may influence the perception of the harshness of a particular sentence.

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

The age and mental and physical health of the accused may be relevant in determining the sentence, as these factors may affect the accused’s ability to understand the consequences of his or her actions and the potential for rehabilitation.

The role of the accused in the commission of the crime may also be taken into account, with those who played a leading or more active role often receiving more severe punishment.

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

This factor takes into account the defendant’s criminal history, including any previous convictions, and the defendant’s previous sentencing history.

This factor considers the defendant’s general background, including education, employment, family, and drug/alcohol history.

This factor considers the accused’s expression of remorse for the crime committed, including apology or expression of regret.

This factor assesses the physical, emotional and financial harm suffered by the victim(s) as a result of the crime, and how the crime has affected their lives.