Quote:
Originally Posted by Captain Otto
More so responding to the mitigating circumstance argument for release. Those circumstances should go either way, no?
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I've struggled on how to respond to this, mostly because it's splitting hairs on semantics.
Yes, all factors should be considered both the good and the bad.
Can mitigating factors be used against an accused? Techincally, no. Because if a factor is used against an accused it by definition isn't mitigating, it's aggrivating. But yes, 100% take both aggrivating and mitigatin factors into consideration. Also to be taken into consideration with regard to sentencing is denunication and deterance; as well as similiar sentences in similar situations.
Admittedly, parole isn't something I've overly familar with. But at that point the offender has already been sentenced. Then I would imagine, and MBates might be able to elaborate further, but I would imagine at that point consideration is given to rehabilitation. That said, parole revocation isn't overly difficult and seems to have a faster track to revocation than bail.