What Is The Difference Between Mitigating And Aggravating Circumstances?

What are the kinds of mitigating circumstances?

TWO MITIGATING CIRCUMSTANCES: (1) Voluntary surrender to a person in authority or his agents.

(2) Voluntary confession of guilt before the court prior to the presentation of evidence for the prosecution.

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What are examples of aggravating factors?

Any fact or circumstance that increases the severity or culpability of a criminal act. 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.

What are the six types of justifying circumstances?

The justifying circumstances by subject are as follows:Self-defense.Defense of Relative.Defense of Stranger.State of Necessity.Fulfillment of duty.Obedience to superior order.Imbecility and the insanity.Minority.More items…•Jan 28, 2010

What are 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 the other conditions attending its commission. They are the relationship, intoxication and the degree of instruction and education of the offender.

What are aggravating circumstances?

Legal Definition of aggravating circumstance : a circumstance relating to the commission of an act that increases the degree of liability or culpability punitive damages are recoverable in a conversion case when the evidence shows legal malice, willfulness, insult, or other aggravating circumstances — Schwertfeger v.

What is an example of a mitigating circumstance?

Examples of mitigating circumstances in capital cases include the defendant’s: lack of a prior criminal record. extreme mental or emotional disturbance at the time of the crime. belief that the crime was justified. role as a minor participant in the crime.

Can a judge reduce a sentence?

When Can Sentences Be Changed? As a general rule, once a final judgment has been entered in a criminal case—once the judge has delivered a legally valid sentence—the judge loses the ability to change that sentence unless a specific law gives the court authority to modify it.

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 is the most important factor a judge considers when imposing a sentence?

A judge must impose a sentence that is sufficient, but not greater than necessary, to: reflect the seriousness of the offense; promote respect for the law; provide just punishment for the offense; adequately deter criminal conduct; protect the public from further crimes by the defendant; and provide the defendant with …

What is another word for aggravating?

SYNONYMS FOR aggravate 1 heighten, increase. 2 anger, vex, rile.

What is the key difference between a mitigating circumstance and an aggravating circumstance?

Mitigating factors are extenuating circumstances that might lead to a reduced sentence. Aggravating factors are circumstances that increase the defendant’s culpability and could lead to an enhanced or maximum sentence.

What are potential examples of mitigating factors aggravating circumstances?

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…•Apr 25, 2018