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legal ch 4.13

u3 aos1 criminal justice system

QuestionAnswer
Aggravating factors circumstances of the case that increase offender’s culpability, thus leading to a likely increase in the sentence
eg of agg factors nature and gravity of the offence, vulnerabilities of the victim, motivated by vilification, Child witnesses, offence having occurred while the offender was on CCO or on bail, previous record
Mitigating factors circumstances of the case that reduce offender’s culpability, thus leading to a likely decrease in the sentence
eg of mit factors Showed remorse, No record of previous convictions, Acting under duress, Shown efforts towards rehabilitation , Previous strain or trauma, Offender was young or had a disability that made them unaware of consequences
guilty pleas One of the factors a court must take into account when sentencing an offender is whether the offender pleaded guilty to the offence and, if so, how far into the case?
reasons for guilty pleas 1 if the offender knows that an early guilty plea is taken into account in sentencing, it may encourage them to plead guilty rather than going to trial. (was it negotiated? How far into the case? does it let them get of easy?)
reasons for guilty pleas 2 an early guilty plea can have significant benefits to the criminal justice system, including the prosecution, the victims, society, the accused and his or her families, by avoiding the time, expense and stress of a trial
Victim impact statement a statement filed with the court by a victim that is considered by the court when sentencing. It contains details about any injury, loss or damage suffered by the victim as a result of the offence
Created by: pg0612345
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