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Mitigating Factors: Assisting the Authorities

By Baker Associates

The mitigating factor discussed in today?s blog can be found in T.C.A. section 40-35-113(10) and reads: ?The defendant assisted the authorities in locating or recovering any property or person involved in the crime;? This can be a very useful mitigating factor for defendants, and is one that has been extended by Tennessee courts to encompass more than what is revealed in the statute. For example, this factor has been extended to apply where the defendant assists the authorities in locating not only other persons involved in committing the crime but also persons or property who were the victims of the crime. This would technically apply even where the victim of the crime is deceased and the defendant assisted authorities in locating the body.continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on January 21, 2010 (boomark / email).