Search results
Results From The WOW.Com Content Network
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, ...
South Carolina), requiring precision in the definition of aggravating factors (Godfrey v. Georgia, Walton v. Arizona), and requiring the jury to decide whether aggravating factors have been proved beyond a reasonable doubt (Ring v. Arizona). Gregg has been described as a "judicial surrender to political pressure".
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.
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 ...
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.
This book is not, for the most part, a hermeneutic study or close reading of Plath’s writings. Rather, Van Duyne’s source material for this reclaimed portrait of Plath are her circumstances.
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 11 others, proof of some culpable mental state was an element of capital murder. In 13 states, aggravating circumstances above and beyond the fact of the murder itself were required before imposing the death penalty. This left eight states—out of 36—allowed the death penalty for merely participating in a felony in which a murder was ...