Submitted by tooldude on Sat, 10/24/2009 - 06:50
let's say a defendant has mental illnesses but is fully sane during the crime. Does having mental illnesses make a difference in sentencing guidelines in MA?
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Editor's Response
Possibly. Judges in Massachusetts are allowed to consider certain mitigating circumstances when imposing sentence on a convicted party. Sentencing guidelines issued by the Massachusetts Sentencing Commission include the following non-exclusive list of mitigating factors:
1.The defendant was a minor participant in the criminal conduct.
2.The defendant was suffering from a mental or physical condition that significantly reduced his culpability for the offense.
3.The victim was an initiator, aggressor, or provoker of the offense.
4.The sentence was imposed in accordance with a jointly agreed recommendation.
5. The age of the defendant at the time of the offense.
6.The defendant verifies current involvement in, or successful completion of, a substance abuse or other treatment program that began after the date of the offense.
According to number 2, above, if your attorney can convince the sentencing judge that your mental illness reduced your culpability (meaning the amount of blame that should be assigned to you for your actions), then that finding may be used by the judge to reduce your sentence.