Aggravators/Mitigators
What is a mitigating factor?
Can a 12 year old join AYC as a client?
yes - preteen court
Timmy's attorney told him the Judges would be more likely to give him a lower sentence if he just wrote an apology letter. Should Timmy write it?
legal advisor
A sentence must always include these two things:
Community Engagement Hours
an Essay
What is the percentage of a Community Engagement Hour base line used to figure out an aggravator or mitigator?
10%
What are the two ways a person can get into AYC as a youthful offender?
Referral by McLaughlin Juvenile Intake and through Anchorage School District
At an appeal, when would 3 new judges hear the appeal versus 3 of the same judges on the panel.
3 new judges AFTER the hearing has ended
3 same judges if in the same hearing
The AYC attorney who represents the client
Defense attorney
A prosecuting attorney has a duty to bring up mitigators and aggravators. What is the duty of a defense attorney?
Tell me any 2 mitigating factors
- client had no history of trouble or crime
- client fully admitted upon initial confrontation by police, parents, school, or authroties
- crime was principally committed by another person
- client was less than 15
- client was provoked by the victim
- client assisted authorities to discovery the identity or role of others who participated
When do you use a Sentencing Agreement?
When both defense counsel and the prosecutor agree on what sentence a client should receive.
Are these two charges related?
A 17 year old stole money from a woman's purse in the Dimond Mall, went home and took a nap, and then 4 hours later brought marijuana to a local park to smoke with friends.
No. Not related to the same event and not enough closeness in time.
The person who says, "all rise" when the judges enter the courtroom
Bailiff
A ___________________ agreement, is a document that BOTH the AYC client and their guardian must sign in order to join AYC.
Diversion Agreement
Tell me any 2 aggravating factors
- a person suffered physical injury as a result of defendant's conduct
- client was the leader
- possession of a dangerous instrument during the commission of a crime
- clients conduct created a risk of injury to three or more prsons
- more than 1 victim
- most serious type of crime
For a prior formal misdemeanor charge, how many CEH's are added to the baseline?
5
2 part question:
1) A client has the right to appeal a case (T/F)
2) If they appeal and cite this as their reasoning might they prevail?
- The client and their parents didn't like the comments made during closings by the attorneys and judges.
No. Usually only for things like inadequately representing the client.
the Lead Judge, who sits in the middle and supervises the other 2 judges on the bench
Presiding Judge
What does it mean to consider a deviation in sentencing for the "Interest of Justice"
Something serious going on in the persons life that may cause a hardship if some considerations to the CEH are not thought out. Example, the persons parents rely on their job to pay bills so they cannot miss work for a CEH class. Not they don't like to drive out of their way after school.
Determine how many community engagement hours you would order as the prosecutor if the crime has a benchmark of 50 hours, no formal priors, and you found 3 aggravators and 4 mitigators.
50 (10% is 5 for each mit/agg)
3 agg = 15
4 mit = 20
(50-20+15) = 45 CEH
Order the severity of these offenses, and label what kind of crime it is (example: felony)
Assault with a Deadly Weapon
Failure to stop at a stop sign
Theft with a value less than $250
1) Assault with a deadly weapon (felony)
2) Theft with a value of less than $250 (misdo)
3) Failure to stop at a stop sign (violation)
Daily Double!!! (Wager up to $300)
How do you determine the appropriate benchmark for community engagement hours in a case with 2 charges that are related?
take the full amount of the more serious charge and add it to half of the amount of the less serious charge.
The ________ Amendment of the U.S Constitution that guarantees a client the right to assistance of an attorney
6th Amendment
What are the 4 states of mind for a crime?
Intentionally, Knowingly, Recklessly, or Negligently