What is mitigating circumstances quizlet?

Mitigating factors are evidence about the offender or the circumstances of the crime which may reduce the sentence, such as: The offender was an accessory to the crime (helped the main offender) but not the main actor. The offender showed remorse for the crime. No one was hurt or likely to be hurt during the crime.

What was the mitigating circumstances?

Definition. Factors that lessen the severity or culpability of a criminal act, including, but not limited to, defendant’s age or extreme mental or emotional disturbance at the time the crime was committed, mental retardation, and lack of a prior criminal record.

Which of the following is an example of mitigating circumstance?

Mitigating (or extenuating) circumstances are factors that tend to lessen the severity of a crime or its punishment by making the defendant’s conduct understandable or less blameworthy. Mitigating circumstances might include a defendant’s young age, mental illness or addiction, or minor role in the crime.

What are the two types of mitigating circumstances?

TWO MITIGATING CIRCUMSTANCES: (1) Voluntary surrender to a person in authority or his agents. (2) Voluntary confession of guilt before the court prior to the presentation of evidence for the prosecution.

Which element would be considered a mitigating circumstance?

Mitigating circumstances must be relevant to why an offense was committed. Examples of mitigating circumstances include the age, history, and remorsefulness of the defendant.

Who among the following conducts a presentence investigation?

It is the responsibility of the probation officer assigned to a presentence investigation to assist the court by verifying, evaluating, and interpreting the information gathered, and to present the information to the court in an organized, objective presentence report.

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 information is compiled in a PSI?

In general, the PSI report needs to include details on the offense in question, as well as information on the defendant’s criminal history. The PSI should also describe the defendant’s family history, education, employment record, any military service, finances, and health.

What are aggravating and mitigating circumstances in sentencing?

Mitigating factors are extenuating circumstances that might lead to a reduced sentence. Aggravating factors are circumstances that increase the defendant’s culpability and could lead to an enhanced or maximum sentence.

What is the rule on mitigating circumstances in criminal law?

Those which if present in the commission of the crime, do not entirely free the actor from criminal liability but serve only to reduce the penalty. What is the rule on mitigating circumstances? One single fact cannot be made the basis of more than one mitigating circumstance.

Can a single fact be the basis of more than one mitigating circumstance?

One single fact cannot be made the basis of more than one mitigating circumstance. Hence, a mitigating circumstance arising from a single fact, absorbs all the other mitigating circumstances arising from the same fact. Nice work! You just studied 39 terms!

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