| Table 15: Reasons
Given for Departures Below the Guidelines |
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Departing Below |
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Reasons Given for . . . |
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the Guidelines |
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No reasons given |
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2726 |
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Plea agreement |
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452 |
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Other/misc. departure |
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357 |
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Offender pleaded guilty/nolo contendre |
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114 |
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Prior adult record is very old |
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63 |
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Waiver Court |
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58 |
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Interest of justice |
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56 |
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Special Calendar Room Program |
|
54 |
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Offender
is drug dependent/needs treatment |
52 |
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Crime
relatively insignificant or less onerous than usual |
45 |
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Offender
has mental/emotional/psychological problems |
45 |
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No prior adult record or minor adult record |
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34 |
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Recommendation of the prosecution |
|
34 |
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Offender
sentenced on other charges-current |
33 |
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Drug Court |
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31 |
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Offender shows remorse |
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25 |
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Offender
is supporting or caring for family/wife/other dependents |
24 |
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To
ensure long period of supervision after incarceration |
23 |
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Offender
is a good candidate for rehabilitation |
22 |
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Offender
is alcohol dependent/needs treatment |
22 |
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Offender
has a good prior employment record |
19 |
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Weak prosecution evidence |
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19 |
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Offender
is in poor physical health/needs hospitalization |
17 |
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Offender is young |
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17 |
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Intent of justice |
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14 |
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Offender is employed/might lose job |
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12 |
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Offender needs treatment/not specified |
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11 |
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Family is supportive of offender |
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10 |
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Recommendation of the victim |
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10 |
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Offender did not cause or threaten injury |
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9 |
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Offender is old |
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9 |
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Prison
(or more time in prison) will not serve a useful purpose |
8 |
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Offender has positive attitude/demeanor |
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7 |
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Offender
played a minor or passive role in the crime |
7 |
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Offender
serving sentence for other crime(s)-prior |
7 |
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Court
erred in calculating guideline ranges (PACS) |
6 |
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Recommendation of the defense attorney |
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6 |
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Offender did not intend to violate the law |
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4 |
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Offender
has responsible/important position in community |
4 |
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Offender's family is ill/needed at home |
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4 |
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Police recommendation |
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4 |
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Recommendation of the court staff/PSI |
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4 |
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It is rough/it is sufficient |
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3 |
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Minimum guidelines exceed statutory limit |
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3 |
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Off.
has good reputation in comm./good family background |
3 |
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Offender is unemployed |
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3 |
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Prior juvenile record is very old |
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3 |
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Recommendation of character witnesses |
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3 |
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Non-violent prior adult record |
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2 |
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Offender
WAS determined to be a sexually violent predator |
2 |
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Offender is productive citizen |
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2 |
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Offender
made/attempted to make restitution to victim |
2 |
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Offender not a threat to society |
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2 |
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Offender
on bail or probation/parole on other charges |
2 |
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Offender
waived a jury trial (Save city cost of trial) |
2 |
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Offender was an accomplice only |
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2 |
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Victims were friends/acquaintances |
|
2 |
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Victims
were members of offender's family |
2 |
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Evidence supports offender's justification |
|
1 |
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Guideline sentences are too severe |
|
1 |
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Guideline sentences inappropriate |
|
1 |
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Keep in county jail |
|
1 |
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Offender
acted under coercion or duress but not sufficient to remove guilt |
1 |
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Offender
has not been incarcerated before |
1 |
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Offender is attending school |
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1 |
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Offender
is pregnant/offender's wife is pregnant |
1 |
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Offender's conduct has improved |
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1 |
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Offense out of character for offender |
|
1 |
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Prior
record score overstates offender's prior record |
1 |
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Rule
1100 problem (180 day rule) (Speedy Trial) |
1 |
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To enable restitution to be made |
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1 |
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* More than one reason
may be reported for a single offfense. |
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