Examples of Mitigating Factor in a sentence
If the judge applies the catchall Aggravating Factor #11 or Mitigating Factor #10, then the judge must state on the record what substantial and compelling basis he or she found that was comparable in gravity to the enumerated aggravating and mitigating factors.
If the judge believes that the minimum sentence is so harsh that it is manifestly unjust, he or she may apply Mitigating Factor #9.
Similarly, the judge may use the “catchall” departure (Aggravating Factor #11; Mitigating Factor #10) if the judge finds another substantial and compelling reason, comparable in gravity to the enumerated factors, that aggravates/mitigates substantially the seriousness of the offense or the defendant’s culpability.
U.S. Supreme Court Rulings: Adolescence as a Mitigating Factor & an Opportunity Beginning in the 1960s the U.S. Supreme Court began to consider adolescent development as a deciding factor in assessing youth culpability.
Based on the information presented and the information contained in Section IV, the hearing panel finds that the following mitigating factor applies to the former associate head coach: • Mitigating Factor 19.9.4-(h).