(1) The defendant was previously convicted of another murder. (2) At the time the murder was committed the defendant also committed another murder. (3)
The defendant knowingly created a great risk of death to many persons
.
What are considered aggravating circumstances?
Aggravating factors often include
the intention of the offender
, the extent of criminal planning involved, abuse of a position of authority, offence was carried out in conjunction with an organized criminal group, the extent of physical or economic harm to the victim, the status of the victim (e.g., a child, disabled, …
What is an example of aggravating circumstances?
Examples of aggravating circumstances in capital cases include
murders where two or more victims are killed
, murders of vulnerable victims (children or elderly people), murders for hire, murders committed in a cruel or heinous manner (torture), and murders of police officers.
What are the 4 kinds of aggravating circumstances?
- Generic – that which generally applies to all crimes like recidivism.
- Specific – that which applies to a particular felony like cruelty in crimes against persons.
- Qualifying – that which changes the nature of the felony, as treachery in murder.
What are aggravating circumstances for the death penalty?
States vary in the specific circumstances they define as aggravating factors, but generally include
murders committed during the commission of another crime
, murders committed for monetary gain, murders of police officers, multiple murders, or other murders considered to be particularly aggravated.
What is the effect of alternative circumstances?
Alternative circumstances are those which
must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission
. They are the relationship, intoxication and the degree of instruction and education of the offender.
What are the qualifying circumstances?
Qualifying Circumstance means the
circumstance wherein Participant is no longer an employee of the Company or any subsidiary thereof for any reason whatsoever
except for a Cause Termination, including, without limitation, any removal from such employment without Cause, any resignation by Participant or Participant’s …
Is a special aggravating circumstance?
On the other hand, special aggravating circumstances are those
which arise under special conditions to increase the penalty for the offense to its maximum period
, but the same cannot increase the penalty to the next higher degree.
What is the effect of exempting circumstances?
• EXEMPTING CIRCUMSTANCE—
there is a crime but no criminal liability
. The act is not justified, but the actor is not criminally liable. There is civil liability except (pars. 4 and 7)—causing an injury by mere accident; failing to perform an act required by law when prevented by some lawful or insuperable cause.
What are the mitigating and aggravating circumstances?
Aggravating or mitigating circumstances which arise from
the moral attributes of the offender
, or from his private relations with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are …
What is the most important factor a judge consider when imposing a sentence?
A judge must impose a sentence that
is sufficient
, but not greater than necessary, to: reflect the seriousness of the offense; promote respect for the law; provide just punishment for the offense; adequately deter criminal conduct; protect the public from further crimes by the defendant; and provide the defendant with …
What are aggravating factors therapy?
Something that makes a condition worse
. For example, tobacco smoke is an aggravating factor for asthma.
What is the concept of alternative circumstances?
Alternative circumstances are those
which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission
. Based on a strict interpretation, alternative circumstances are thus not aggravating circumstances per se.
What does morally culpable mean?
To be morally culpable,
a person also has to have had control over the situation in which the act was committed
. is blame involving the commission of a fault or the breach of a duty imposed by law.
What is the key difference between a mitigating circumstance and an aggravating circumstance?
Mitigating factors are extenuating circumstances that might lead to a reduced sentence. Aggravating factors are circumstances
that increase the defendant’s culpability and could lead to an enhanced or maximum sentence
.
What is the meaning of mitigating circumstances?
Definition.
Factors that lessen the severity or culpability of a criminal act
, including, but not limited to, defendant’s age or extreme mental or emotional disturbance at the time the crime was committed, mental retardation, and lack of a prior criminal record.
