Mitigating Factors: Minor Role in the Offense
Many of our previous blogs have discussed mitigating factors that may be useful to defendants in the sentencing phase of their criminal trials and this one continues that trend. The fact that the defendant played a minor role in the offense for which he or she was convicted is a useful mitigating factor recognized by the State of Tennessee that may serve to reduce the defendant’s sentence. To make use of this factor, the defendant simply needs to prove that he or she was convicted of an offense in which he or she played a minor role as compared to others who may have played a more significant role in the offense. Basically, the defendant is saying that other people were more responsible for, or played a bigger part in, the commission of the offense than the defendant.
A good example of this is provided by a botched robbery attempt that occurred in Conroe, Texas recently. The robbery was initially scheduled to be a four-man operation, but all four did not participate. The suspected getaway driver, exhibiting the kind of calm under pressure that most only dream of, was found by police sleeping soundly a couple of blocks from the jewelry store that was the target of the robbery attempt. Evidence in the car reportedly linked him to the robbery. His services, however, were not needed as the other participants failed to disable the alarm and were apprehended before they could execute the burglary.
The drowsy driver may be able to claim at trial that his sentence should be reduced because he played a minor role in the offense. While getaway drivers are necessary to the commission of the crime in some cases, they do not actually participate in the breaking in and appropriating items from the store or building that is the target of the robbery. They could thus make an argument that they played a lesser role in the offense than the others who had a more hands-on role in the robbery itself, an argument that may or may not be strengthened by the fact that they took a nap in the car while waiting for the job to be completed.
Of course, the use of this factor is not limited to robbery situations. It can be used in any situation in which multiple people were involved in the commission of an offense and one or more of the defendants believes that he or she played a minor role in the commission of the offense. If proven successfully, this factor may work to make the defendant less culpable for the offense in the eyes of the sentencing court, possibly leading to a reduced sentence.
Source: http://www.chron.com/disp/story.mpl/metropolitan/6810000.html
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