- Minor role. The defendant played a relatively minor role in the crime. …
- Victim culpability. The victim willingly participated in the crime or initiated the events leading to it. …
- Unusual circumstance. …
- No harm. …
- Lack of record. …
- Relative necessity. …
- Remorse. …
- Difficult personal history.
Which of the following is an example of mitigating circumstance?
Mitigating (or extenuating) circumstances are factors that tend to lessen the severity of a crime or its punishment by making the defendant's conduct understandable or less blameworthy. Mitigating circumstances might include
a defendant's young age, mental illness or addiction, or minor role in the crime
.
What is a good mitigating circumstance?
Examples of mitigating circumstances
serious, acute or chronic illness
.
serious illness of a close family member or partner
.
significant caring
responsibilities, care leavers or living independently (estranged students) significant adverse personal circumstances.
What are mitigating circumstances give atleast five?
Mitigating factors include
previous good character, remorse or good conduct following arrest
, voluntary compensation of victims, a full admission of facts and guilt, duress, very young or old age or minor role in the offence.
What is considered a mitigating circumstance?
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.
What are the six types of justifying circumstances?
- Self-defense.
- Defense of Relative.
- Defense of Stranger.
- State of Necessity.
- Fulfillment of duty.
- Obedience to superior order.
- Imbecility and the insanity.
- Minority.
What are the classes of mitigating circumstances?
TWO MITIGATING CIRCUMSTANCES:
(1)
Voluntary surrender to a person in authority or his agents
. (2) Voluntary confession of guilt before the court prior to the presentation of evidence for the prosecution.
What is the difference between a mitigating and justifying circumstances?
But while justifying circumstances entail that the
accused has not infringed the law though
he may have committed a crime, exempting circumstances involve a complete absence of voluntariness on the part of the accused in committing the crime.
What is the difference between mitigating and aggravating circumstances?
Aggravating circumstances refers to factors that increases the severity or culpability of a criminal act. …
A mitigating factor
is the opposite of an aggravating circumstance, as a mitigating factor provides reasons as to why punishment for a criminal act's ought to be lessened.
What are mitigating factors?
Any fact or circumstance that lessens the severity or culpability of a criminal act. Mitigating factors include
an ability for the criminal to reform
, mental retardation, an addiction to illegal substances or alcohol that contributed to the criminal behavior, and past good deeds, among many others.
How do I apply for mitigating circumstances?
- Check in the policy that the circumstances are acceptable grounds for an application.
- Complete an online application form and provide supporting documentary evidence, for example a medical certificate, a police report or a letter from counselling staff.
How do mitigating circumstances work?
The University defines a mitigating circumstance as: A
serious or significant event affecting a student's health
or personal life which is beyond the student's control. The events are sufficiently serious enough in nature to result in the student being unable to attend, complete, or submit an assessment on time.
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 …
What are the basis of justifying circumstances?
Justifying Circumstances- These are
the defenses in which the accused is deemed to have acted in accordance with the law and therefore the act is lawful
. Since the act is lawful, it follows that there is no criminal, no criminal liability and no civil liability, save in paragraph 4.
What is defense of stranger?
Defense of a stranger is one of the justifying circumstances under the law. Thus, a person who acts in defense of a stranger
incurs no criminal liability
. … It is likewise important that you are not induced by revenge, resentment or other evil motive in making the defense.
What are the elements of illness as a mitigating circumstance?
“For the mitigating circumstance of illness of the offender to be appreciated, the law requires the presence of the following requisites:
(1) illness must diminish the exercise of the will-power of the offender
; and (2) such illness should not deprive the offender of consciousness of his acts.”
