Uncontroverted Mitigating Factors

Suppose a defendant convicted of a felony has a slam dunk mitigating factor. Let’s say, for example, that he has been honorably discharged from the military, which is a statutory factor under G.S. 15A-1340.16(e). Before the defendant can present evidence of the factor (probably a DD-214) to the court, the judge stops him, saying, “No … Read more

Military Service as a Mitigating Factor

Over the weekend we observed Veterans Day. Thank you to all who have served. [Editor’s note: Jamie is himself an Air Force veteran, as he mentions below, so thanks to him for his prior service in addition to his current outstanding work.] The holiday calls to mind the sentencing mitigating factor set out in G.S. … Read more

Nonstatutory Mitigating Factors

After my earlier post about nonstatutory aggravating factors, a reader took me up on my offer to write about nonstatutory mitigating factors. In addition to the twenty mitigating factors spelled out in G.S. 15A-1340.16(e), the law allows for “any other mitigating factor reasonably related to the purposes of sentences.” Procedurally, nonstatutory mitigating factors are a … Read more