Quick Answer: What Does Mitigating Evidence Mean?

What is an example of a mitigating factor?

In criminal law, a mitigating factor serves to decrease the penalties associated with a criminal act.

For example, if the defendant is very young or has a low mental capacity, then he or she may not have understood the nature of his or her criminal actions..

What does mitigating factors mean?

Any fact or circumstance that lessens the severity or culpability of a criminal act. Mitigating factors include an ability for the criminal to reform, mental retardation, an addiction to illegal substances or alcohol that contributed to the criminal behavior, and past good deeds, among many others.

What are the 5 aims of sentencing?

Accordingly, those five sentencing objectives are:Retribution. Victims and their families are injured, either physically or emotionally, by a crime. … Deterrence. Another objective is both general and specific deterrence. … Incapacitation. … Rehabilitation. … Restitution.

How do mitigating circumstances work?

The University defines a mitigating circumstance as: A serious or significant event affecting a student’s health or personal life which is beyond the student’s control. The events are sufficiently serious enough in nature to result in the student being unable to attend, complete, or submit an assessment on time.

What factors go into sentencing?

For instance, judges may typically consider factors that include the following: the defendant’s past criminal record, age, and sophistication. the circumstances under which the crime was committed, and. whether the defendant genuinely feels remorse.

What is the difference between mitigating and extenuating circumstances?

Mitigating is you have reasons and excuses for doing something bad. extenuating is reasons why what you did is not so bad.

What does mitigation mean?

Definition: Mitigation means reducing risk of loss from the occurrence of any undesirable event. … Description: In general, mitigation means to minimize degree of any loss or harm.

Is a guilty plea a mitigating factor?

A guilty plea is a factor to be taken into account in mitigation of a sentence under s 21A(3)(k) of the Act.

How do mitigating factors reduce a sentence?

Mitigating factors are those connected to the commission of the offence, the defendant or the victim which the sentencing court consider as meriting a lesser penalty. There are numerous mitigating factors and much case authority in relation to them [see Lunn’s Criminal Law SA Online].

How do you get a mitigating circumstance?

In order for a mitigating circumstances claim to be accepted, you must demonstrate, to the Mitigating Circumstances Board that the mitigating circumstances:were outside your control; and.were unforeseen and unforeseeable; and.were serious; and.were evidenced to be true; and.More items…

What are the 5 principles of sentencing?

a) the punishment of offenders; b) the reduction of crime (including its reduction by deterrence); c) the reform and rehabilitation of offenders; d) the protection of the public; and e) the making of reparation by offenders to persons affected by their offences.

Does pleading guilty reduce your sentence?

In exchange for pleading guilty, the criminal defendant may receive a lighter sentence or have charges reduced. Additionally, pleading guilty avoids the uncertainty of a trial. Juries can be unpredictable. Prosecutors may uncover additional evidence that can make it more likely for a jury to convict the defendant.