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In law, attendant circumstances (sometimes external circumstances) are the facts surrounding an event. In criminal law in the United States , the definition of a given offense generally includes up to three kinds of "elements": the actus reus , or guilty conduct; the mens rea , or guilty mental state; and the attendant (sometimes "external ...
Arave v. Creech, 507 U.S. 463 (1993), was a United States Supreme Court case in which the Court held that, when a state uses a consistent narrowing definition for a broad term like "utter disregard," the broad term can function as a valid aggravating circumstance under the Fourteenth Amendment.
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War.
Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself".
Any term of years, but no more than 40 years (unless there are aggravating circumstances; only an option if defendant was a juvenile), or life without parole First Degree Murder 30–60 years (sentence can exceed 60 years if there are aggravating circumstances; only an option if defendant was a juvenile) or life without parole
Winslow, 41, was sentenced to 14 years in prison in 2021 after being convicted of horrific sex crimes against five women in San Diego County, ... unless there are aggravating circumstances. The ...
In 11 others, proof of some culpable mental state was an element of capital murder. In 13 states, aggravating circumstances above and beyond the fact of the murder itself were required before imposing the death penalty. This left eight states—out of 36—allowed the death penalty for merely participating in a felony in which a murder was ...
Aggravating circumstance, a circumstance attending the commission of a crime which increases its enormity or adds to its consequences Exigent circumstance , allowing law enforcement to enter a structure outside the bounds of a search warrant