Sentencing Authority If I was a judge the type of sentencing authority I would most likely have would be indeterminate sentencing. Indeterminate sentencing is the burden of a sentence by detainment with no precise time frame set during the sentencing. Its length, rather, is resolved in light of the detainee's behavior. By abiding with this type of sentencing there is a bigger slack of discretion I can use. I can base more on the individual as a person. If the individual doesn’t have a prior criminal record this will benefit him in my sentencing.
Mitigating Circumstances
Mitigating circumstances is an event or condition that makes an offense less serious than it might be. According to Garvey (1998) mitigating circumstances are events or conditions that do not justify or excuse the criminal behavior that was committed, however are considered out of kindness or reasonableness in choosing the level of the offense. The prosecutor can act upon discretion in such case and lessening the punishment upon conviction. Mitigating circumstances regularly relate more to the guilty party than to the offense. Accepting guilt and collaboration with the examination are frequent examples of mitigating circumstances that would have a tendency to a decrease in sentence (Garvey, 1998).
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Drinking and driving was the cause but the mitigating circumstance can be the location where he is coming from, such as a wedding, a bachelor’s party or a family reunion. Being the first time he has ever broken this law can also be a mitigating circumstance. Another straight forward example would be an aggravated assault. Although an aggravated assault is still unlawful provocation may account for mitigating circumstance and will permit a lower