What are examples of mitigating factors?

Asked by: Colin Dach  |  Last update: September 17, 2022
Score: 5/5 (24 votes)

In criminal law, a mitigating factor serves to decrease the penalties associated with a criminal act.
Some examples of commonly accepted factors include:
  • 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.

What is an example of mitigating circumstances?

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 considered a mitigating factor?

Any fact or circumstance that lessens the severity or culpability of a criminal act. Mitigating factors include an ability for the criminal to reform, mental retardation, an addiction to illegal substances or alcohol that contributed to the criminal behavior, and past good deeds, among many others.

What are two mitigating factors?

Some of the common types of mitigating factors that courts may consider include:
  • No prior criminal record.
  • Playing a minor role in the crime.
  • The victim's liability.
  • Past abuse that led to the criminal conduct.
  • Provocation.
  • Emotional distress.
  • Physical or mental illness.
  • Genuine remorse.

What are three mitigating factors used in the sentencing process?

Common Mitigating Circumstances
  • Minor role. The defendant played a relatively minor role in the crime. ...
  • Victim culpability. The victim willingly participated in the crime or initiated the events leading to it. ...
  • Unusual circumstance. ...
  • No harm. ...
  • Lack of record. ...
  • Relative necessity. ...
  • Remorse. ...
  • Difficult personal history.

Mitigating Factors - Legal Studies Terms

15 related questions found

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.

Is mental health a mitigating factor?

5.1 Mental Condition as a Mitigating Factor

1. The condition may reduce the moral culpability of the offending conduct, as distinct from the offender's legal responsibility.

Is age a mitigating factor?

There is also a statutory basis for taking age into account age as a mitigating factor at sentence under s 21A(3)(j) Crimes (Sentencing Procedure) Act 1999, where “the offender was not fully aware of the consequences of his or her actions” because of the offender's age.

Why are mitigating factors important?

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 are the 5 aggravating factors?

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.

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 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.

What does it mean to mitigate something?

Definition of mitigate

transitive verb. 1 : to cause to become less harsh or hostile : mollify aggressiveness may be mitigated or … channeled— Ashley Montagu. 2a : to make less severe or painful : alleviate mitigate a patient's suffering. b : extenuate attempted to mitigate the offense.

What are the 5 main non fatal Offences?

Non-fatal offences include assault and battery, assault occasioning actual bodily harm, wounding and inflicting grievous bodily harm, wounding or causing grievous bodily harm with intent, administering poison, and offences related to explosive substances and corrosive fluids (including offences related to 'acid attacks ...

How do I apply for mitigating circumstances?

To apply for mitigating circumstances, you'll need to fill out a Request for Mitigation Form and submit this to your School. The form should be available from your School – check if there is an online application. Your academic advisor or School Support Office should be able to help you with this.

How do you use mitigating factors in a sentence?

I foresaw a scenario of inevitable decline in the world with aid as a minor mitigating factor only of relief. If the reward is not high enough, costs of production may be a mitigating factor in production itself. The excuse provides a mitigating factor for a group of persons sharing a common characteristic.

Is Drug addiction a mitigating factor?

Despite the link between drugs (including alcohol) and offending, courts have generally been reluctant to find that addiction is a 'mitigating factor' (something which makes a crime less serious) when imposing a sentence.

What are examples of aggravating factors?

Aggravating circumstances may include:
  • Damages or losses caused by the accused's actions;
  • The impact that the accused's actions have had on the employer/employee relationship;
  • Any impact on the health and safety of other employees;
  • Previous disciplinary record;
  • Seniority of the employee;
  • Lack of remorse;

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.

What are mitigating factors in psychology?

a fact relating to a crime or to a convicted defendant that supports the argument for a more lenient sentence. Examples of mitigating factors are the defendant's youth, personal or family circumstances, or diminished responsibility. Also called mitigating circumstance.

Are previous convictions taken into account when sentencing?

Where offenders have previously been convicted of one or more criminal offences, the court must take this previous offending into account as an aggravating factor when sentencing in respect of a new offence, providing that it considers that it is 'reasonable' to do so.

Can a mentally ill person be punished?

Guilty but mentally ill is not a defense, but rather a court ruling that the individual is guilty and a candidate for punishment. The emphasis is on punishment and consideration of public safety and not psychiatric treatment.

What are the 4 kinds of 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 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 are the 3 types of mitigation?

The types of mitigation enumerated by CEQ are compatible with the requirements of the Guidelines; however, as a practical matter, they can be combined to form three general types of mitigation: avoidance, minimization, and compensatory mitigation.