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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.
Mitigation is the reduction of something harmful that has occurred or the reduction of its harmful effects. It may refer to measures taken to reduce the harmful effects of hazards that remain in potentia , or to manage harmful incidents that have already occurred.
The term crime does not, in modern criminal law, have any simple and universally accepted definition, [2] though statutory definitions have been provided for certain purposes. [3] The most popular view is that crime is a category created by law ; in other words, something is a crime if declared as such by the relevant and applicable law. [ 2 ]
Crime prevention is a strategy used to reduce and prevent crime. Many governments specifically apply it to their efforts to reduce crime, enforce the law, ...
The objective 'ordinary person' test has been criticised for ignoring characteristics such as ethnicity and culture which affect a person's capacity to lose self-control, [28] whereas the subjective standard that focuses on ones' personal and cultural background has been criticized for opening the door for mitigation in cases of honor killings ...
The following outline is provided as an overview of and topical guide to criminal justice: Criminal justice – system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts.
In its absence, a sentence but not the conviction may be overturned, resulting in the need for a new sentencing hearing. In the federal system, Federal Rules of Criminal Procedure 32(i)(4) provides that the court must "address the defendant personally in order to permit the defendant to speak or present any information to mitigate the sentence ...
Mitigating evidence is evidence that is provided (usually by the defendant in a criminal trial) in order to try to establish the presence of mitigating circumstances. The presence of mitigating circumstances can reduce the punishment imposed for the offense. The case of the Oregon v.