Search results
Results From The WOW.Com Content Network
The Sentencing Council of England and Wales lists the following as possible mitigating factors: [2] Admitting the offense, such as through a guilty plea; Mental illness; Provocation; Young age; Showing remorse; 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 ...
Aggravated assault, for example, is usually differentiated from simple assault by the offender's intent (e.g., to murder or to rape), the extent of injury to the victim, or the use of a deadly weapon. An aggravating circumstance is a kind of attendant circumstance and the opposite of an extenuating or mitigating circumstance, which decreases guilt.
Permitted comparison of mitigating and aggravating factors to decide death penalty decisions. [3] See also Furman v. Georgia (1972), and Gregg v. Georgia (1976) 1st 1986 Ford v. Wainwright: Preventing the execution [capital punishment] of the insane, requiring an evaluation of competency and an evidentiary hearing 8th 1989 Penry v. Lynaugh
Indeed, the victim in this instance being a police officer would probably be considered an aggravating circumstance and increase the penalty for the crime. (When verification of an attendant circumstance decreases the penalty, it is known as a mitigating or extenuating circumstance.)
Under California's Determinate Sentencing Law (DSL), the authorized sentences for this crime are either 6, 12, or 16 years. Under the DSL, the judge must conclude first, that there are aggravating facts, and second, that the aggravating facts outweigh any mitigating factors, before imposing the high term. In this case, at a post-trial hearing ...
The Kansas capital punishment statute allowed for the imposition of the death penalty if the mitigating and aggravating factors were of equal weight, so Marsh was sentenced to death. [ 2 ] After Marsh's sentencing, the Kansas Supreme Court in State v Kleypas, declared the law unconstitutional under the Eighth Amendment and overturned it. [ 3 ]
Some of those aggravating factors have already been articulated in my Sandoval ruling at the start of this trial and by my recent written decisions on December 16th and January 3rd. Thus, they ...
The Court ruled 5–4 that the state appellate court may reweigh the aggravating and mitigating factors. [4] References This page was last edited on 27 ...