[DOWNLOAD] "People V. Claypool" by Michigan Michigan Supreme Court Lansing # eBook PDF Kindle ePub Free
eBook details
- Title: People V. Claypool
- Author : Michigan Michigan Supreme Court Lansing
- Release Date : January 22, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
The issue in this case is whether it is permissible for Michigan trial judges, sentencing under the legislative sentencing guidelines pursuant to MCL 769.34, to consider, for the purpose of a downward departure from the guidelines range, police conduct that is described as sentencing manipulation, sentencing entrapment, or sentencing escalation. These doctrines are based on police misconduct, which, alone, is not an appropriate factor to consider at sentencing. Rather, we hold that, pursuant to People v Babcock, 469 Mich 247; 666 NW2d 231 (2003), if it can be objectively and verifiably shown that police conduct or some other precipitating cause altered a defendant's intent, that altered intent can be considered by the sentencing judge as a ground for a downward sentence departure. Because information of this sort was noted by the sentencing judge in this case, but it is not clear that it was used properly, we vacate the decision of the Court of Appeals in part and remand this case to the trial court for resentencing or rearticulation on the record of the court's reasons for the departure.