Quick Answer: What Is The Difference Between Mitigating And Aggravating Circumstances?

What are the kinds of aggravating circumstances?

Examples of aggravating circumstances include: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;More items…•.

How do aggravating factors and mitigating factors influence sentencing decisions?

Judges consider mitigating circumstances—factors that weigh in the defendant’s favor—and aggravating circumstances—factors supporting a stiffer penalty. … Aggravating circumstances also grow out of the way a crime was committed, as when an offender is particularly cruel to a victim.

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 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.

Why are mitigating factors important?

A mitigating factor, in law, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence. In the USA, the issue of mitigating factors is most important in death penalty cases.

What is an example of an aggravating factor?

Aggravating factors include recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, among many others. The recognition of particular aggravating factors varies by jurisdiction. See also Mitigating Factor, Criminal Procedure, and the Death Penalty.

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. Personal and domestic circumstances. Accidents and incidents.

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…

Is mental illness a mitigating factor?

Severe mental illness is recognized as a mitigating factor in every death penalty case. As such, capital juries confronted with evidence regarding an offender’s mental disability either accept or reject this evidence in mitigation.

What does it mean to mitigate something?

mitigate \MIT-uh-gayt\ verb. 1 : to cause to become less harsh or hostile : mollify. 2 a : to make less severe or painful : alleviate. b : to lessen the seriousness of : extenuate.

What factors go into sentencing?

For instance, judges may typically consider factors that include the following: the defendant’s past criminal record, age, and sophistication. the circumstances under which the crime was committed, and. whether the defendant genuinely feels remorse.

What does mitigating evidence mean?

Mitigating evidence is evidence that is provided (usually by the defendant in a criminal trial) in order to try to establish the presence of mitigating circumstances. The presence of mitigating circumstances can reduce the punishment imposed for the offense.

What is an example of a mitigating circumstance?

Mitigating circumstances are factors in the commission of a crime that lessen or reduce its moral and legal consequences. … Mitigating circumstances must be relevant to why an offense was committed. Examples of mitigating circumstances include the age, history, and remorsefulness of the defendant.

How many mitigating circumstances are there?

One single fact cannot be made the basis of more than one mitigating circumstance.

How do mitigating factors reduce a sentence?

Mitigating factors are those connected to the commission of the offence, the defendant or the victim which the sentencing court consider as meriting a lesser penalty. There are numerous mitigating factors and much case authority in relation to them [see Lunn’s Criminal Law SA Online].

What is an aggravating factor in sentencing?

Aggravating circumstances refers to factors that increases the severity or culpability of a criminal act. Typically, the presence of an aggravating circumstance will lead to a harsher penalty for a convicted criminal.

What are the four aggravating factors to a culpability score?

The four factors that increase the ultimate punishment of an organization are: (i) the involvement in or tolerance of criminal activity; (ii) the prior history of the organization; (iii) the violation of an order; and (iv) the obstruction of justice.