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Self-defense is a legal defense rather than a mitigating factor, as an act done in justified self-defense is not deemed to be a crime. If the offender was provoked but cannot be considered to have acted in self-defense, then the provocation can be used as a mitigating factor but not as a legal defense.
The presence of mitigating circumstances can reduce the punishment imposed for the offense. The case of the Oregon v. Guzek dealt with the issue of whether alibi evidence not introduced at trial could be introduced in the sentencing phase of a death penalty trial as mitigating evidence.
Imperfect self-defense is a common law doctrine recognized by some jurisdictions whereby a defendant may mitigate punishment or sentencing imposed for a crime involving the use of deadly force by claiming, as a partial affirmative defense, the honest but unreasonable belief that the actions were necessary to counter an attack.
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.
Even where case law speaks of a "duty to mitigate", the duty has been cited as "not a demanding one". [4] The issue of what is reasonable is especially contentious in personal injury cases where the plaintiff refuses medical advice. This can be seen in cases such as Janiak v. Ippolito. [5] The antonym of mitigation is aggravation.
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
This concept reflects the difference between "the value of what has been received and its value as represented". [11] Damages are usually assessed at the date of the wrongful act, but in England and Wales, Pelling J has observed that this is not the case if justice requires the assessment of damages to be calculated at some other date.
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.