What factors does a judge have to consider when sentencing?
would this be right?
Aggravating factors
There are a number of aggravating factors a judge is required to consider both at common law and by statute. Common-law factors include whether or not the victim was a vulnerable victim (children, taxi drivers, late-night clerks, etc.).
General statutory aggravating factors are found in section 718.2 of the Criminal Code. They are:
Motivation due to bias, prejudice, or hate
Domestic violence
Abuse of person under 18 years old
Breach of trust or authority
Offence was committed for the benefit of, at the direction of, or in association with a criminal organization
Terrorism offences
i found it under criminal sentencing in Canada on Wikipedia.
I would also add the previous criminal history of the defendant.
okay, i'll that to the list. thanks!
When a judge is sentencing an individual, there are several factors they need to consider in order to make an informed decision. These factors may vary depending on the jurisdiction and the specific circumstances of the case, but here are some common considerations:
1. Statutory Factors: The judge must take into account the specific laws and guidelines set forth by the jurisdiction. These can include mandatory minimums, sentencing ranges, and any aggravating or mitigating circumstances outlined by the law.
2. Nature and Severity of the Offense: The judge will evaluate the seriousness of the offense committed, including factors such as the harm caused, the level of planning or premeditation, any use of violence, and whether it was a first-time or repeat offense.
3. Offender's Criminal History: The judge will review the offender's past criminal record to determine if there is a pattern of criminal behavior or a history of repeat offenses. This information helps the judge assess the likelihood of rehabilitation and the need for deterrence.
4. Victim Impact: The judge may consider the impact of the offense on the victim(s) and any resulting physical, emotional, or financial harm. This could influence the severity of the sentence.
5. Mitigating Circumstances: The judge will take into account any factors that may reduce the offender's culpability or make the offense less severe. These can include factors like the offender's age, mental health, lack of criminal intent, or coercion.
6. Aggravating Circumstances: Conversely, the judge will also consider any factors that increase the seriousness of the offense. This could include factors like the presence of hate crimes, use of a weapon, or a high level of planning or organization.
7. Sentencing Objectives: The judge needs to balance various goals of sentencing, such as deterrence, rehabilitation, retribution, and public safety. They may prioritize certain objectives depending on the nature of the offense and the characteristics of the offender.
It's important to note that judges have discretion when sentencing, and their decisions are influenced by their interpretation of the law, legal precedents, and the unique circumstances of each case.