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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.
Data from Australia shows that the partial defense of provocation that converts murder into manslaughter has been used successfully primarily in two circumstances: sexual infidelity where a male kills his female partner or her lover; and non-violent homosexual advances. [5] [24] [25] [26]
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.
There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. [3] Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions.
“I think those are the mitigating or exigent circumstances, and that you had an inexperienced board trying to comply with the law,” he said. Origins of the Sunshine Law dispute.
Influenced by 19th century positivism [5] and Charles Darwin's evolution, for both Friedrich Engels and Karl Marx, the idea of uncertainty and chance in social dynamics (and thus unintended consequences beyond results of perfectly defined laws) was only apparent, (if not rejected) since social actions were directed and produced by deliberate human intention.
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