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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".
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 ...
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. [1]
One distinct aspect of the Revised Penal Code centers on its classification of aggravating, exempting and mitigating circumstances, the appreciation of which affects the gradation of penalties. Penalties under the Revised Penal Code are generally divided into three periods – the minimum period, the medium period, and the maximum period.
Murder with one of the following aggravating factors: [3] [4] It was committed by a person under sentence of imprisonment. The defendant was previously convicted of another capital offense or of a felony involving the use or threat of violence to the person. The defendant knowingly created a great risk of death to many persons.
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.
the charge does not comply with the relevant provisions of the Criminal Procedure Act, 1977; the charge does not set out an essential element of the offence; the charge does not disclose an offence (as, for example, when the statute cited has been repealed); the charge does not contain sufficient particulars of any matter alleged in the charge; or
A victim impact statement is a written or oral statement made as part of the judicial legal process, which allows crime victims the opportunity to speak during the sentencing of the convicted person or at subsequent parole hearings.