Question:
My
client is seventy-five years old. He is looking at a long mandatory minimum
sentence that will practically mean that he is certain to die in custody. There is no "life" term alleged, however.
Does a client’s advanced
age, or fragile health, factor into the decision on whether to select the “life exposure” driver?
Answer:
No.
The Workload Driver for “Life Exposure” should only apply when there is a
charged count carries a life term. For example, 21 USC Section 851 allegations
that create a LIFE term would merit this driver. The above example, with an
elderly client, should not be coded with this driver.
Similarly, a charge with no
statutory max – such as a single Section 924(c) count – should not trigger this
code, even though it has a life potential maximum. This example has no
realistic possibility of a life sentence imposed.
.
