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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 planning identifies policies and actions that can be taken over the long term to reduce risk, and in the event of a disaster occurring, minimize loss. Such policies and actions are based on a risk assessment , using the identified hazards , vulnerabilities and probabilities of occurrence and estimates of impact to calculate risks ...
In extremely rare cases, adequate provocation has resulted in the defendant never being charged with a crime. In one famous example, prosecutors in California refused to charge astronaut Buzz Aldrin with assault after he punched conspiracy theorist Bart Sibrel in the face for aggressively confronting him and calling him "a coward, and a liar ...
Much of the crime that is happening in neighborhoods with high crime rates is related to social and physical problems. The use of secondary crime prevention in cities such as Birmingham and Bogotá has achieved large reductions in crime and violence. Programs such as general social services, educational institutions and the police are focused ...
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.
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.
For example, consider a tenant who signs an agreement to rent a house for a year, but moves out (and stops paying rent) after only one month. The landlord may be able to sue the tenant for breach of contract: however, the landlord must mitigate damages by making a reasonable attempt to find a replacement tenant for the remainder of the year.
For example, in State v. Dumlao, the court interpreted the MPC language broadly, holding that reasonableness should be evaluated from the defendant's perspective. The subjective standard for whether a provocation was reasonable, and thus adequate, would allow a jury to consider Dumlao's "mental abnormalities", including a medical diagnosis of ...