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Case Examples
Vehicular Manslaughter

Overview: Jackson was a 25 year-old repeat offender from a violent and broken home who suffered severe sexual abuse as an adolescent and had a history of substance abuse. When he was 22, he caused a single vehicle accident while intoxicated, which resulted in the death of his passenger. Jackson was initially sentenced to a total of 14 years of imprisonment. However, a Notice of Appeal was filed shortly thereafter, which led to the case being overturned. The state once again lodged charges against Jackson, which led to a guilty plea.

Offense: Jackson pled guilty to one count of Vehicular Manslaughter.

Jurisdiction: Superior Court for the State of Delaware

NCIA's Recommendation: The prosecution in this case requested that Jackson be sentenced to a term of ten years imprisonment. NCIA, however, highlighted several issues in Jackson's background for the Court to consider in passing sentence. Specifically, we noted his mother's chronic alcoholism and emotionally abusive personality as well as his father's early departure from the home. We also pointed to the fact that Jackson had been sexually assaulted repeatedly by a man with whom he lived for several months. As a result of these circumstances, Jackson also had a long-standing drug abuse problem, one that he developed at the age of nine and which plagued him until his arrest for the instant offense. Finally, we drew attention to Jackson's extremely successful institutional adjustment. As a result of these mitigating factors, NCIA recommended that Jackson be sentenced to four years, with credit for time served, and then be placed for a period of at least one-year in a residential drug treatment program.

Outcome: Jackson's sentence was reduced to seven years. Upon release, Jackson is to spend one year in a therapeutic community.

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