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In criminal law, a mitigating factor, also known as an extenuating circumstance, ... The opposite of a mitigating factor is an aggravating factor. Examples
An aggravating circumstance is a kind of attendant circumstance and the opposite of an extenuating or mitigating circumstance, ...
Indeed, the victim in this instance being a police officer would probably be considered an aggravating circumstance and increase the penalty for the crime. (When verification of an attendant circumstance decreases the penalty, it is known as a mitigating or extenuating circumstance.)
The guidelines break the sentencing down even further based on mitigating and aggravating circumstances. There is a set sentence, or presumptive sentence, that is the standard for a person to be sentenced, but they could receive more or less based on different factors. These factors are mitigating and aggravating.
The MSPB ruled that agencies had the burden of proof, by a preponderance of the evidence, that the punishment fit the circumstances. In doing so, the MSPB outlined a non-exhaustive list of factors, which may be aggravating and/or mitigating depending on the circumstances (commonly referred to as "Douglas factors", see below) that agencies were ...
A presentence investigation report (PSIR) is a legal document that presents the findings of an investigation into the "legal and social background" of a person convicted of a crime before sentencing to determine if there are extenuating circumstances which should influence the severity or leniency of a criminal sentence.
Can we imagine ourselves back on that awful day in the summer of 2010, in the hot firefight that went on for nine hours? Men frenzied with exhaustion and reckless exuberance, eyes and throats burning from dust and smoke, in a battle that erupted after Taliban insurgents castrated a young boy in the village, knowing his family would summon nearby Marines for help and the Marines would come ...
Some countries allow conditions that "affect the balance of the mind" to be regarded as mitigating circumstances. This means that a person may be found guilty of "manslaughter" on the basis of "diminished responsibility" rather than being found guilty of murder, if it can be proved that the killer was suffering from a condition that affected ...
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