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The set of cases is referred to by a leading scholar as the July 2 Cases, [1] and elsewhere referred to by the lead case Gregg. The court set forth the two main features that capital sentencing procedures must employ in order to comply with the Eighth Amendment ban on " cruel and unusual punishments ".
Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself".
This provides the accused an opportunity to place his antecedents, social and economic background and mitigating and extenuating circumstances before the court. Besides the statutory provisions, the Constitution of India also empowers the President and the Governor of the State to grant pardon to the condemned offenders in appropriate cases.
Special circumstances in criminal law are actions of the accused, or conditions under which a crime, particularly homicide, was committed. Such factors require or allow for a more severe punishment. Special circumstances are elements of the crime itself, and thus must be proven beyond a reasonable doubt during the
Download QR code; Print/export Download as PDF; Printable version; In other projects ... Aggravation (1896), a painting by Briton Rivière, ...
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 ...
The maximum sentence for this crime is 2 years; however, if that deportation follows a conviction for an aggravated felony, the maximum sentence increases to 20 years. Furthermore, the guideline that corresponds to this crime typically doubles or triples the sentence the alien would otherwise have received if the deportation follows conviction ...
In the context of the law of attempts, the Crown Prosecution Service advises that "where the evidence demonstrates that the suspect intended to cause an injury that is substantially more serious than that (if any) which was in fact caused, prosecutors should consider the circumstances of the case as a whole as well as the relevant sentencing ...