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.
How the mitigating circumstances affect the sentence of a defendant?
While mitigating circumstances do not affect the decision of whether or not the defendant committed the wrong , they may help the judge lean toward leniency in sentencing or award in the end.
How does mitigating circumstances impact the trial and sentencing?
Mitigating circumstances can play an important role in criminal sentencing. ... Depending on the unique facts in your case, you may be able to present a defense that leads to a lighter sentence or even a dismissal of the charges against you.
What is the effect of the presence of privileged mitigating circumstances to the penalty?
Privileged mitigating circumstance. The presence of a privileged mitigating circumstance will lower the imposable penalty by one or 2 degrees . The privileged mitigating circumstance cannot be offset by the presence of an aggravating circumstance.
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.
Why must mitigating factors be taken into account in death sentencing?
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.
Which of the following is 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 qualifies as mitigating circumstances?
Mitigating circumstances are any serious circumstances beyond your control which may have adversely affected your academic performance . These include but are not limited to: Medical conditions.
What is the meaning of 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.
What makes passion or obfuscation A mitigating circumstances?
Passion and obfuscation is one of the ordinary mitigating circumstances. There is passional obfuscation when the crime was committed due to an uncontrollable burst of passion provoked by prior unjust or improper acts , or due to a legitimate stimulus so powerful as to overcome reason.
What are the kinds of aggravating circumstances?
- the age of the survivor;
- relationship between perpetrator and survivor;
- use or threat of use of violence;
- if the survivor suffered mental or physical injury as a result of the assault;
- multiple perpetrators or accomplices;
- use or threat of use of weapons;
What are examples 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 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.
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.
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.
