What do mitigating circumstances mean?
3 min read
Asked by: Jennifer Brown
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.
Which is the best example of a mitigating circumstance?
Other common mitigating circumstances include:
The defendant having no prior or significant criminal record. The defendant playing a minor role in the crime. The defendant recognizing the error of their ways. The defendant making restitution to the victim of their crime.
What are mitigating factors examples?
What Are Some Examples of Mitigating Factors?
- The defendant’s age.
- The defendant’s mental capacity.
- The crime was an accident.
- Self defense.
- Provocation or “heat of passion”
- The defendant repented from his actions.
How do you use mitigating circumstances?
For instance, the defence may want one as a last hope that it will find some mitigating circumstance, and it may actually succeed in that object. I use that as a mitigating circumstance. The court upheld their fatigue due to spending 52 hours working as a mitigating circumstance.
What are the ordinary mitigating circumstances?
Generic or Ordinary Mitigating allows the reduction of the period on the penalty imposed such as the minimum, medium, and maximum period, except when there is a presence of an aggravating circumstance or several thereof.
What are the 5 mitigating circumstances?
Mitigating factors include previous good character, remorse or good conduct following arrest, voluntary compensation of victims, a full admission of facts and guilt, duress, very young or old age or minor role in the offence.
What are the two types of mitigating circumstances?
Two kinds of mitigating circumstances: Ordinary or privileged mitigating circumstances. An ordinary mitigating circumstance can be offset by a generic aggravating circumstance, whereas privileged mitigating circumstance cannot be offset.
When can a plea of guilty be considered a mitigating circumstances?
Plea to a lesser charge is not a Mitigating Circumstance because to be such, the plea of guilt must be to the offense charged. Plea to the offense charged in the amended info, lesser than that charged in the original info, is Mitigating Circumstance.
What does unmitigated circumstances mean?
Definition of unmitigated
1 : not lessened : unrelieved sufferings unmitigated by any hope of early relief. 2 : being so definitely what is stated as to offer little chance of change or relief an unmitigated disaster.
Is pleading guilty a mitigating factor?
a plea of guilty is ordinarily a matter to be taken into account in mitigation; first, because it is usually evidence of some remorse on the part of the offender, and second, on the pragmatic ground that the community is spared the expense of a contested trial.
What makes a good plea of mitigation?
The good mitigation begins with the client’s very first appearance in court. Obtaining maximum credit for a guilty plea can only be guaranteed if he pleads on the earliest reasonable occasion, and with the near ubiquity these days of early guilty plea schemes this has become even more important.
What do you say in a plea of mitigation?
As part of the plea in mitigation, you may explain why you committed the offence and tell the court about your background and personal circumstances. You can also say something about the sentence that the court could impose.
