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Comment by tptacek

I'm going to stop editing the post (sorry about that). Last addendum: according to the prosecution's sentencing memorandum, the factors that justified the departure from the guideline maximum for her sentencing level:

* long history of family and social support (presumably predictive of lower risk of recidivism, higher cost to relations)

* "collateral punishments" (I think? this refers to civil cases)

* Holmes' personal experience with trauma.

So that's roughly how it works, I guess: you apply the guidelines to get a level, which gives you a maximum, and then you mitigate the maximum in a variety of ways.

parent tptacek 4 years ago

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