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What (who) is mitigating circumstances - definition

IN LAW, THE FACTS SURROUNDING AN EVENT

Mitigating circumstance; Attendant circumstances

mitigating circumstances

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

Extenuating circumstance; Extenuating Circumstance; Extenuating circumstances; Mitigating circumstances; Extenuating Circumstances; Mitigating factors

n. in criminal law, conditions or happenings which do not excuse or justify criminal conduct, but are considered out of mercy or fairness in deciding the degree of the offense the prosecutor charges or influencing reduction of the penalty upon conviction. Example: a young man shoots his father after years of being beaten, belittled, sworn at and treated without love. "Heat of passion" or "diminished capacity" are forms of such mitigating circumstances. See also: diminished capacity heat of passion Twinkie defense

Mitigating factor

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

Extenuating circumstance; Extenuating Circumstance; Extenuating circumstances; Mitigating circumstances; Extenuating Circumstances; Mitigating factors

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. Unlike a legal defense, the presentation of mitigating factors will not result in the acquittal of a defendant.

https://en.wikipedia.org/wiki/Mitigating_factor

extenuating circumstances

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

Extenuating circumstance; Extenuating Circumstance; Extenuating circumstances; Mitigating circumstances; Extenuating Circumstances; Mitigating factors

n. surrounding factors (sometimes called mitigation) which make a crime appear less serious, less aggravated or without criminal intent, and thus warranting a more lenient punishment or lesser charge (manslaughter rather than murder, for example). See also: mitigating circumstances

Wikipedia

Attendant circumstance

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") circumstances. The reason is given in Powell v. Texas, 392 U.S. 514, 533 (1968):

...criminal penalties may be inflicted only if the accused has committed some act, has engaged in some behavior, which society has an interest in preventing.

The burden of proof is on the prosecution to prove each "element of the offense" in order for a defendant to be found guilty. The Model Penal Code §1.13(9) offers the following definition of the phrase "elements of an offense":

(i) such conduct or (ii) such attendant circumstances or (iii) such a result of conduct as
(a) is included in the description of the forbidden conduct in the definition of the offense; or

(b) establishes the required kind of culpability; or

(c) negatives an excuse or justification for such conduct; or

(d) negatives a defense under the statute of limitations; or

(e) establishes jurisdiction or venue;

https://en.wikipedia.org/wiki/Attendant circumstance

Examples of use of mitigating circumstances

1. But he quickly listed the mitigating circumstances.

2. But there were mitigating circumstances÷ "Julia‘s bombshell on September 3.

3. Controversially, the council will also set out grounds where ‘mitigating circumstances‘ will be taken into account.

4. Sharon‘s attorneys argue that the punishment is extreme, prejudicial and does not account for mitigating circumstances.

5. He finally told the judge that there weren‘t any mitigating circumstances to share.