Question
The U.S. Sentencing Guidelines Manual (2004) indicates: Age (including youth) is not ordinarily relevant in determining whether a departure is warranted. Age may be a
The U.S. Sentencing Guidelines Manual (2004) indicates: "Age (including youth) is not
ordinarily relevant in determining whether a departure is warranted. Age may be a
reason to depart downward in a case in which the defendant is elderly and infirm and
where a form of punishment such as home confinement may be equally efficient as and
less costly than incarceration" (emphasis added). Is age alone sufficient evidence of
mitigation for elderly offenders? Discuss using evidence from class. Your response
should consider what is unique or distinct about age. (Age and Collateral Consequences
of Conviction: Aging)
- Readings
o Aging Population - R. v. Premji, 2021 ONCA 721
o Miller, D. (2011). Sentencing elderly criminal offenders. NAELA Journal, 7(2), 221-248.
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