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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".
Special circumstances are elements of the crime itself, and thus must be proven beyond a reasonable doubt during the guilt phase of the trial. As such, they are formally distinct from aggravating circumstances , in that the latter are proven during the penalty phase of the trial instead.
The intentional, successful killing of another person, with at least one of the aggravating circumstances mentioned in § 211 sec.2 fulfilled. Those circumstances concern base motives, criminal aims or cruel ways of committing the crime.
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 ...
Under state law, murder in the first degree only applies to a narrow list of aggravating circumstances, including when the victim is a judge, a police officer or a first responder, or when the ...
But under New York law, a first-degree murder charge only applies to a narrow list of aggravating circumstances, including when the victim is a judge, a police officer or a first responder, or ...
First Degree Murder (no aggravating circumstances) Life (minimum of 51 years, eligible for parole after 20 years if the defendant was under 18) [33] First Degree Murder (aggravating circumstances) Death, life without parole, or life (minimum of 51 years, eligible for parole after 30 years and only an option if defendant was under 18)
A former Dartmouth police officer convicted in Fall River Superior Court of child rape and indecent assault and battery gets 10-15 years.