Definition 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. A circumstance or factor relating to an offense or defendant that does not bear on the question of culpability but that receives consideration by the court especially in lessening the severity of a sentence.

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An illness or injury afflicting the student during the enrollment period.

Definition of mitigating circumstances. Mitigating circumstances are often used in court proceedings when the judge or jury determines a defendants sentence for a crime or damages in a civil lawsuit. An illness or death in the students immediate family. Mitigating circumstances definition.

Mitigating circumstances are circumstances beyond the students control that prevent the student from continuing in school or that cause the student to reduce credits. Mitigating circumstances are a set of situations that have affected the decision of an individual to engage in an unlawful activity. Mitigating Factors The defense may put on evidence of mitigating factors that would support leniency in sentencing.

Recognition of particular mitigating circumstances varies by jurisdiction. Hence a mitigating circumstance arising from a single fact absorbs all the other mitigating circumstances arising from the same fact. Unlike a legal defense it.

Legal definition of mitigating circumstance. Dictionary of Unfamiliar Words by Diagram Group Copyright 2008 by Diagram Visual Information Limited. Factors that may be considered as lessening the extent to which an accused person is culpable.

Look it up now. Factors that lessen the severity or culpability of a criminal act including but not limited to defendants age or extreme mental or emotional disturbance at the time the crime was committed mental retardation and lack of a prior criminal record. A circumstance in the commission of an act that lessens the degree of criminal culpability.

The trier of fact shall consider as mitigating circumstances any factors proffered by the defendant or the state that are relevant in determining whether to impose a sentence less than death including any aspect of the defendants character propensities or record and any of the circumstances of the offense including but not limited to the following. Mitigating circumstance - law a circumstance that does not exonerate a person but which reduces the penalty associated with the offense consideration circumstance condition - information that should be kept in mind when making a decision. In criminal law a mitigating factor also known as extenuating circumstances 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.

Criminal statutes devote far less attention to factors that might mitigate a defendants punishment but courts have held that evidence relating to a defendants character may be introduced provided that it is relevant to the sentencing process. Mitigating circumstances are factors in the commission of a crime that lessen or reduce its moral and legal consequences. Circumstances that may be considered to lessen the culpability of an offender Meaning pronunciation translations and examples.

Mitigating circumstances are facts that do not excuse a person for civil or criminal misconduct but which may show that he had some valid reasons for his actions. Mitigating Circumstances in Sentencing Judges are free to consider almost anything that justifies reducing a criminal defendants sentence. Another consideration is the time it would take.

One single fact cannot be made the basis of more than one mitigating circumstance. By Micah Schwartzbach Attorney. Secondary facts that dont completely negate or absolve a wrongful action but tend to show that the defendants culpability should be placed a lesser level.

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 influence reduction of the penalty upon conviction. Extenuating qualifying justifying moderating More Synonyms of mitigating. For example a defendant may have used a gun recklessly and should be held responsible for injuring another person.

These circumstances are considered by courts of law to evaluate the length or the severity of a given legal sentence. Law The judge found that in her case there were mitigating circumstances. These factors are weighed during sentencing against aggravating factors.

Adjective ADJ n Mitigating circumstances or factors make a bad action especially a crime easier to understand and excuse and may result in the person responsible being punished less severely.

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