Mitigation, also referred to as “mitigating factors” or “mitigating evidence,” is
evidence the defense can present in the sentencing phase of a capital trial to provide reasons why the defendant should not receive a death sentence
.
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 is an example of mitigation?
Examples of mitigation actions are
planning and zoning, floodplain protection, property acquisition and relocation
, or public outreach projects. Examples of preparedness actions are installing disaster warning systems, purchasing radio communications equipment, or conducting emergency response training.
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 examples of mitigating circumstances?
- 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.
What is the difference between mitigating and extenuating circumstances?
As adjectives the
difference between mitigating and extenuating
. is that
mitigating
is that serves to
mitigate
while
extenuating
is that lessens the seriousness of something by providing an excuse.
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 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 the 4 commonly used risk mitigation process?
The four types of risk mitigating strategies include
risk avoidance, acceptance, transference and limitation
.
What is mitigation in simple words?
Definition: Mitigation means
reducing risk of loss from the occurrence of any undesirable event
. This is an important element for any insurance business so as to avoid unnecessary losses. Description: In general, mitigation means to minimize degree of any loss or harm.
What are the steps of mitigation?
The mitigation strategy is made up of three main required components:
mitigation goals, mitigation actions, and an action plan for implementation
. These provide the framework to identify, prioritize and implement actions to reduce risk to hazards.
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 is the elements of justifying circumstances?
He first enumerates the justifying circumstances provided in the law, namely,
self-defense, defense of relatives, defense of stranger, fulfillment of duty or exercise of a right, and obedience to superior order
.
Can a person defend a 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.
Is mental health an extenuating circumstance?
‘Extenuating Circumstances’ are events that are sudden, significantly disruptive and beyond your control. Extenuating Circumstances include, but are not limited to: Bereavement: For a child, sibling, spouse or partner. Shorter-term medical conditions: Serious personal injury, medical condition or mental health …
How many mitigating circumstances are there?
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.
