The terms aggravating
factor and mitigating circumstance will be explained to you.
The fifth aggravating
factor was that the insulting words were targeted by Mr Suarez at one particular black player, Mr Evra, who Mr Suarez intended should hear the words.
In a fatal accident where there was one aggravating
factor, such as previous convictions, the punishment could still be a community penalty.
Others said it could actually mean good news for prosecutors, who may be granted new leeway to present aggravating
facts during the course of a trial, rather than wait until the sentencing phase.
The government indicted Jones for violating this provision, but the indictment did not mention any of the sentence aggravating
factors listed in the statute, and the judge advised Jones at arraignment that the maximum punishment was confinement for fifteen years.
On the aggravating
factor of 'driving when knowingly deprived of adequate sleep or rest, the judges said: 'Drivers do not normally fall asleep without warning and the proper course of action for a motorist who feels drowsy is to stop driving and rest.
The sentence should rise to two and five years if there was an aggravating
factor such as alcohol, drugs, racing, showing off, excessive speed, disregarding warnings from fellow passengers, falling asleep or being distracted by a mobile, it added.
In attempting sufficiently to channel sentencers' discretion after Furman, the majority of states that allowed the death penalty adopted lists of aggravating
circumstances to be considered before a court could impose a sentence of death.
One additional state, Kansas, originally enacted a guideline system like Washington's but later amended it to require that any aggravating
facts be found by a jury beyond a reasonable doubt.
As you have been told, the final decision as to what punishment shall be imposed is the responsibility of the judge; however, it is your duty to follow the law that will now be given you by the court and render to the court an advisory sentence based upon your determination as to whether sufficient aggravating
circumstances exist to justify the imposition of the death penalty and whether sufficient mitigating circumstances exist to outweigh any aggravating
circumstances found to exist.
Odom, who had 29 points against the Lakers, finished with 13 points on 4-of-19 shooting while aggravating
an already sore left wrist.
In its 900-page extradition request, Israel had said it wanted to try Mousa Mohammed Abu Marzook, who is said to be the political leader of Hamas, on charges of ``murder, attempted murder, manslaughter, harm with aggravating
intent, harm and wounding under aggravating
circumstances and conspiracy to commit a felony.