Hi
could you please explain me
- aggravating and mitigating circumstances
- subjective and objective
- judicial statutory guidelines please and well as the differences pretty please?
thank you sooo much
Aggravating/Mitigating circumstances are case specific factors taken into consideration when sentencing to make the punishment more or less severe. EG - Aggravating factor could be a lack of remorse. Mitigating factor could be an admission of guilt or good character.
Subjective and Objective - Subjective is a matter of opinion, objective is a matter of fact
(EG - "Donald Trump is president" is an
objective statement, "Donald Trump is a
good president" is a subjective statement
Judiciary Guidelines refers to precedents set by prior judgements, while
statutory guidelines refer to guidelines set by legislation (EG - The Crimes Sentencing Procedures Act). Statutory guidelines are generally more restrictive, while judicial guidelines will usually just be used as reference - There is no requirement to match a prior ruling perfectly, but you MUST follow legislation