Quick Answer: What Are Mitigating Circumstances In Disciplinary Hearings?

What are some examples of mitigating factors?

Mitigating FactorsLack of a prior criminal record.Minor role in the offense;Culpability of the victim;Past circumstances, such as abuse that resulted in criminal activity;Circumstances at the time of the offense, such as provocation, stress, or emotional problems that might not excuse the crime but might offer an explanation;More items…•.

What is considered a mitigating circumstance?

mitigating circumstances. n. in criminal law, conditions or happenings which do not excuse or justify criminal conduct, but are considered out of mercy or fairness in deciding the degree of the offense the prosecutor charges or influencing reduction of the penalty upon conviction.

How do you show remorse in a disciplinary hearing?

Ask open ended questions such as when, who, what and why. If the accused is indeed guilty; advise him / her that it may count in his / her favour if he / she shows genuine remorse by pleading guilty and ask for forgiveness.

How do you use mitigating circumstances in a sentence?

I use that as a mitigating circumstance. The court upheld their fatigue due to spending 52 hours working as a mitigating circumstance. This example is from Wikipedia and may be reused under a CC BY-SA license. The trial court found two aggravating circumstances and a single mitigating circumstance.

How do you get a mitigating circumstance?

In order for a mitigating circumstances claim to be accepted, you must demonstrate, to the Mitigating Circumstances Board that the mitigating circumstances:were outside your control; and.were unforeseen and unforeseeable; and.were serious; and.were evidenced to be true; and.More items…

What is the effect of mitigating circumstances?

MITIGATING CIRCUMSTANCES are those which, if present in the commission of the crime, do not entirely free the actor from criminal liability, but serve only to reduce the penalty. > One single fact cannot be made the basis of more than one mitigating circumstance.