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An aggravating circumstance is a kind of attendant circumstance and the opposite of an extenuating or mitigating circumstance, which decreases guilt.
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, ... The opposite of a mitigating factor is an aggravating factor. Examples
This is because the tougher first-degree murder charge only applies to a narrow list of aggravating circumstances, including when the victim is a judge, a police officer or a first responder, or ...
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.
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.
Generally speaking, each victim of a murder will merit a separate charge of murder against the offender, and as such, the killer could get a life sentence, a death sentence, or some other determinate or indeterminate sentence based upon the number of murders, the evidence presented, and any aggravating or mitigating circumstances present.
Preterintentional homicide can mature under certain factual circumstances, and therefore the penalty will be aggravated according to the type of circumstance ascertained by the judge: for example, the Italian [33] legislator regulates the aggravating circumstances of preterintentional killing in art. 585 penal code, [34] and the French [35] one ...