List and describe at least three typical aggravating and mitigating circumstances judges may consider in arriving at sentencing decisions in presumptive sentencing jurisdictions. Compare the pros and cons for each circumstance

Question

What will be an ideal response?

Answer 1

Aggravating: The defendant induced others to participate in the commission ofthe offense. The offense was especially heinous, atrocious, or cruel. The defendant was armed with or used a deadly weapon during the crime. The defendant committed the offense to avoid or prevent a lawful arrest or to escape from custody. The offense was committed for hire. The offense was committed against a current or former law enforcement or corrections officer while engaged in the performance of official duties or because of the past exercise of official duties. The defendant took advantage of a position of trust or confidence to commit the offense.
Mitigating:The defendant has no record of criminal convictions punishable bymore than 60 days of imprisonment. The defendant has made substantial or full restitution. The defendant has been a person of good character or has had a good reputation in the community.The defendant aided in the apprehension of another felon or testified truthfully on behalf of the prosecution. The defendant acted under strong provocation, or the victim wasa voluntary participant in the criminal activity or otherwise consented to it. The offense was committed under duress, coercion, threat, or compulsion that was insufficient to constitute a defense but that significantly reduced the defendant's culpability. At the time of the offense, the defendant was suffering from a mental or physical condition that was insufficient to constitute a defense but that significantly reduced the defendant's culpability.