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An aggravating circumstance is a kind of attendant circumstance and the opposite of an extenuating or mitigating circumstance, ... In canon law, "aggravation" was a ...
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 ...
In criminal law, a mitigating factor, also known as an extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.
In criminal law, lying in wait refers to the act of hiding and waiting for an individual with the intent to kill or inflict serious bodily harm to that person. [1] Because lying in wait involves premeditation, some jurisdictions have established that lying in wait is considered an aggravating circumstance that allows for the imposition of harsher criminal penalties.
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 ...
Investigators said they had “serious concerns” about “credible reports of sexual assault and other sexual misconduct" by the officers.
Though the federal Medicare regulator cannot impose fines, in some situations local health officials can take action against an offending hospice under state law. In 2011, Unity paid $9,000 to settle an administrative complaint brought by the Indiana health department related to violations – a sum it successfully fought to have reduced from ...
Special circumstances are elements of the crime itself, and thus must be proven beyond a reasonable doubt during the guilt phase of the trial. As such, they are formally distinct from aggravating circumstances , in that the latter are proven during the penalty phase of the trial instead.