extenuation


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See: basis, clemency, condonation, excuse, extenuating circumstances, justification, reason

EXTENUATION. That which renders a crime or tort less heinous than it would be without it: it is opposed to aggravation. (q.v. )
     2. In general, extenuating circumstances go in mitigation of punishment in criminal cases, or of damages in those of a civil nature. See Aggravation; Mitigation.

References in periodicals archive ?
In addition to minimizing the witness's foundation and challenging absurd opinions, defense counsel can inject the entire defense case in extenuation and mitigation (59) into the government's case in aggravation.
In other words, seek out facts that pre-empt foreseeable extenuation or mitigation arguments.
The rule provides that "[t]he accused shall be given broad latitude to present evidence in extenuation and mitigation.
Discussing the unsworn statement and its limits, the court said the unsworn statement "remains a product of RCM 1001(c) and thus remains defined in scope by the rule's reference to matters presented in extenuation, mitigation and rebuttal.
The article begins by examining mental capacity, and continues with an analysis of mental responsibility, evidence negating mens rea, evidence negating voluntary act, and, finally, evidence in mitigation and extenuation.
at 297 (outlining the additional rights afforded an accused at an Article 32 investigation, including: right to appear; right to counsel; right to cross-examine the witnesses against him; right to examine the evidence against him; and right to present matters in defense, extenuation or mitigation).
Griggs, (243) the AFCCA addressed the requirement of the military judge to instruct the members on extenuation and mitigation evidence.
This week, in Chapter 10, the rabbis dealt with the complementary case of a "rebellious elder," zaken mamre; but in this case, it was interesting to see, they make no such effort at extenuation.
19) The required instructions must include a statement of (1) any mandatory maximum or minimum, (2) the effect of a punitive discharge and confinement or a confinement greater than six months on the accused's pay, (3) the procedures for deliberation, (4) the members' sole responsibility for choosing an appropriate sentence, and (5) "[a] statement that the members should consider all matters in extenuation, mitigation, and aggravation, whether introduced before or after findings, and matters introduced under R.
Rien (ni meme Dieu) ne disparait plus par la fin ou la mort, mais par proliferation, contamination, saturation et transparence, extenuation et extermination, par epidemie de simulation, transfert dans l'existence seconde de la simulation.
In summary, the reality is that racing now competes in a more keenly contested marketplace, and the Euros, the World Cup and big GAA clashes are among the major events understandably cited in extenuation for some of the plummeting Flat figures.