Under the presumptive sentencing approach, a judge may sentence outside the range appropriate for a particular defendant, creating a departure from the guidelines. He or she may do so if there are __________________________ circumstances that will not justify or excuse the crime but because of justice and fairness make the crime less reprehensible.

Question

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Mitigating circumstances are those that, while not excusing or justifying the crime, make it less severe or reprehensible, allowing for a departure from sentencing guidelines in the interest of justice and fairness.

Under the Presumptive Sentencing Approach, a Judge May Sentence Outside