Is age a mitigating factor in determining a defendant's sentence?

California, United States of America


The following excerpt is from People v. Thompson, B231255 (Cal. App. 2012):

Defendant contends that the trial court abused its discretion in denying his Romero motion. He argues that the court should have given greater weight to the length of his sentence, his age (65 at the time of sentencing), and his fragile medical condition (brain lesions, seizures, blackouts and strokes). Advanced age is not necessarily a mitigating factor. (See People v. Strong (2001) 87 Cal.App.4th 328, 332 ["middle age, considered alone, cannot take a defendant outside the spirit of the law; otherwise, the very factor that takes a defendant within the spirit of the lawa lengthy criminal career with at least one serious or violent felonywould have the inevitable consequenceagethat would purportedly take him outside it"].)

Other Questions


Is a defendant's claim that the court should have deleted reference to irrelevant mitigating factors from the instructions given to the jury regarding the aggravating and mitigating factors to be considered in determining the appropriate penalty? (California, United States of America)
Does a judge who sentenced a defendant to a determinate and indeterminate sentence need to serve the determinate sentence equally? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
What is the effect of section 190.20 of the California Criminal Code on factors (h) and factor (b) in determining a defendant's sentence for assault with a deadly weapon and battery on a peace officer? (California, United States of America)
What is the test for determining whether a jury should consider a defendant's mental state as a mitigating factor in determining the penalty? (California, United States of America)
Is a defendant's non-death sentence a mitigating factor in mitigation? (California, United States of America)
What is the role of a court in sentencing a defendant to a sentence that is within the legislatively determined limits of a criminal sentence? (California, United States of America)
Is a defendant entitled to a comparative sentence review equivalent to that provided for determinately sentenced felons under the "disparate sentence" statute? (California, United States of America)
Is a defendant's Special Instruction No. 3 required to inform the jury that it is free to select a sentence of life without parole even if the aggravating factors outweigh the mitigating factors? (California, United States of America)
Is a defendant's age a mitigating factor in determining his sentence under the Three Strikes law? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.