Which of the following is an example of a mitigating circumstance?

• 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.

Which of the following is a mitigating factor in a criminal conviction?

Mitigating factors

the remorse shown by the offender for the offence, but only if: (i) the offender has provided evidence that he or she has accepted responsibility for his or her actions, and. (ii)

What are aggravating circumstances quizlet?

Define: Aggravating circumstances. Those which, if attendant to the commission of the crime, serve to increase the penalty without exceeding the maximum of the penalty provided by law.

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 is an example of mitigating?

Other common mitigating circumstances include:

The defendant making restitution to the victim of their crime. The defendant acting out of necessity. The defendant having a difficult personal history. The defendant struggling with a drug or alcohol addiction.

What are the two types of mitigating circumstances?

6. ORDINARY MITIGATING CIRCUMSTANCES 1. Incomplete justifying or exempting circumstance 2.

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.

What are three mitigating factors used in the sentencing process?

What are mitigating measures?

Mitigation measures are means to prevent, reduce or control adverse environmental effects of a project, and include restitution for any damage to the environment caused by those effects through replacement, restoration, compensation or any other means.

Is plea of guilty a mitigating circumstance?

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 are the mitigating and aggravating circumstances?

Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private relations with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are ...

What is mitigating factors in civil law?

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.

What does mitigate mean in law?

The duty of someone who was wronged to make reasonable efforts to limit the resulting harm. A duty to mitigate can apply to the victim of a tort or a breach of contract. Neglecting a duty to mitigate precludes the recovery of damages that could have been avoided through reasonable efforts. contracts.

What are mitigating circumstances in disciplinary hearings?

Mitigating circumstances are circumstances that would be put forward in order to convince the chairperson to be lenient and lessen the severity of the sanction. By contrast, aggravating circumstances are circumstances which exacerbate the offence and may convince the chairperson to impose a harsher sanction.

What are the kinds of mitigating?

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.

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 ...

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.

Which of the following is an aggravating factor?

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. The recognition of particular aggravating factors varies by jurisdiction.

What is evident premeditation?

The elements of evident premeditation are: (1) a previous decision by the accused to commit the crime; (2) overt act/acts manifestly indicating that the accused clung to his determination; and (3) a lapse of time between the decision to commit the crime and its actual execution sufficient to allow accused to reflect ...

What are mitigating circumstances for murder?

Mitigating circumstances are defined as the factors that reduce the severity or culpability of certain criminal act or acts of the offender, such as but not limited to, the age, mental capacity, least intention, and confusion, among others.

How do you prove mitigating circumstances?

In general terms, mitigating circumstances must be (a) significant (they have more than a minor impact on you), (b) unexpected (you must have had no prior knowledge of the event), (c) unpreventable (there was no reasonable steps you could have taken to prevent the event), (d) relevant (you must be able to link the ...