What is considered a mitigating circumstance?

Asked by: Sue Young

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.

What are mitigating circumstances examples?

Examples of mitigating circumstances

• bereavement.
• serious, acute or chronic illness.
• serious illness of a close family member or partner.
• significant caring responsibilities, care leavers or living independently (estranged students)
• significant adverse personal circumstances.

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 is the difference between a mitigating and a justifying circumstances?

Mitigating circumstances are conditions and factors that do not excuse or justify an offense, but that are taken into consideration when considering the consequences of the legal and moral culpability of the guilty party.

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.

Do judges consider mitigating circumstances?

When sentencing, judges must consider not only aggravating factors but mitigating circumstances as well. Mitigating factors are those that a sentencing judge may consider to give a person a lesser sentence. They may or may not relate to the question of guilt or blame, but they support leniency.

What factors does a judge consider when determining sentencing?

the defendant’s past criminal record, age, and sophistication. the circumstances under which the crime was committed, and. whether the defendant genuinely feels remorse.

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 are the 3 alternative circumstances?

–Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission. They are relationship, intoxication, and degree of instruction and education of the offender.”

What is a qualifying circumstance?

Qualifying Circumstance means the circumstance wherein Participant is no longer an employee of the Company or any subsidiary thereof for any reason whatsoever except for a Cause Termination, including, without limitation, any removal from such employment without Cause, any resignation by Participant or Participant’s

What are the four aggravating circumstances?

Moreover, there are four kinds of aggravating circumstances, namely: (1) generic or those that can generally apply to all crimes; (2) specific or those that apply only to particular crimes; (3) qualifying or those that change the nature of the crime; and (4) inherent or those that must of necessity accompany the

What are the five kinds of aggravating circumstances?

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;