What would influence a judge to be lenient in sentencing?
The most common course of action to receive a downward departure in sentencing (leniency) is cooperation. Other factors that may warrant leniency are: diminished capacity (mental illness), strong family ties, stable employment, community and volunteer work, prosecutorial misconduct, and the government overstating the seriousness of the crime. There are many reasons a court may downward depart from the sentencing guidelines.