circumstances make a crime particularly
in favor of leniency for the defendant. Examples of mitigating
circumstances include, "heat
of passion" or "diminished capacity" are
forms of such mitigating circumstances.
juries can make factual determinations resulting in
a tougher sentence. It is unconstitutional for a judge
to decide facts.-- US Supreme Court.
and Punishment in America -- Just as violent crime has become
part of the accepted backdrop of life in the US, so too has the
growth of the system we've established to contain it. A huge and
constantly expanding penal system seems to us like a normal and
inevitable feature of modern life. But what we have witnessed in
the past quarter century is nothing less than a revolution in our
justice system, a transformation unprecedented in our own history,
or in that of any other industrial democracy.
the hundreds of American judges who sit on criminal cases were
polled as to what was the most trying facet of their jobs, the
majority would answer "Sentencing."
No act has greater potentialities than the determination of
how society treats its transgressors.
Sentencing Work explains how judges
decide what a punishment will be.
US Sentencing Commission and the Department of Justice
minimum sentencing is not a deterrent
to crime but increases racial and
gender disparities, substantially contributes to
prison overcrowding, ix expensive and horribly unjust.
It does not eliminate sentencing disparities; it takes
sentencing authority away from judges and gives it
to prosecutors to use without accountability. Mandatory
minimums fail to punish high-level dealers and is the cause
of record numbers of women and minorities spending their
lives in prison for relatively minor nonviolent
crime in many cases.
justice emphasizes repairing
the harm caused or revealed by criminal behavior through
cooperative processes that include all stakeholders.
Guidelines: Reflections on the Future The record
of accomplishment of guidelines
is mixed. Most observers feel sentencing
disparity has been reduced but certainly not
eliminated. In some States, guidelines have
successfully established truth in sentencing,
and in some States they have been somewhat
successful in controlling prison population
growth. Success or failure can be judged,
however, only in light of the goals a jurisdiction
has set for its guidelines, and these too
Project -- To provide resources and information for the news
media and a public concerned with criminal justice and sentencing
Association of Sentencing Advocates -- Professional organization
of sentencing advocates and defense-based mitigation specialists.
Members work with defense counsel on behalf of defendants, inmates,
Who Killed 28 in DWI Crash Released -- Larry Mahoney, responsible
for the deaths of 27 people in the worst drunken driving crash in
the US, be released from jail.
Derechos - Human Rights
-- To work for the promotion and respect of human rights all over
the world, for the right to privacy and against impunity for human
UK -- It is easier to
find the nuclear weapons in Iraq than coherence in the criminal
of passion' is no defense Infidelity or nagging should no longer
be used as an excuse to escape life for murder. Husbands who claim
their partner's nagging or infidelity drove them to kill will face
much tougher sentences under a government shake-up of so-called
'crimes of passion'.
Life imprisonment in Australia
The history of life imprisonment demonstrates that
does not mean imprisonment until death. Potas presents
statistics on which offenders receive life sentences and the average
term served. He compares indeterminate and determinate sentences,
and discretionary and mandatory sentences, with special reference
to murder and drug trafficking. He also discusses legislation;
truth in sentencing; and recommendations that a prisoner never
July 29, 2007
Kari & Associates
PO Box 6166
Olympia, WA 98507
Copyright Kari Sable 1994-2006