Offender Sentencing Factors

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Recommended: Theories of punishment in criminal law

1) When determining the proper punishment for an offender, a judge must take circumstances into consideration. When considering such circumstances, the judge must make the decision whether they affect the situation negatively, positively, or not at all. There are two different types of factors when evaluating the conditions of a crime: aggravating factors and mitigating factors. Aggravating factors can be described as conditions that increase the severity of the offender's sentencing. An example of an aggravating factor that could lead to a longer or more intense sentencing would be if the offender's motives were to target a group or person because of their race, sex, age, religion, or sexual orientation. Another example that could lead to the extension of a sentence is if the transgressor has had several previous convictions. Contrary to aggravating factors, are mitigating factors. Mitigating factors are conditions that lessen the severity or the extent of the offender's sentencing. An example of a mitigating factor would be if the transgressor admits to, and shows authentic remorse for the crime committed. Another example of a mitigating factor would be if the offender has no prior convictions on his criminal record. (DeLisi and Conis 2013) (Garvey 1998) …show more content…

A deferred sentence is when the offender of a small crime, such as stealing, is given the opportunity of no probation as long as they stay out of jail for the duration of their deferred sentence. A few benefits to this type of sentencing is that it's a great way for those who make a mistake to be given a second chance and a clean record and it's also very cost-efficient. (DeLisi and Conis

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