mitigating circumstances

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Related to mitigating circumstances: Extenuating circumstances

Mitigating Circumstances

Circumstances that may be considered by a court in determining culpability of a defendant or the extent of damages to be awarded to a plaintiff. Mitigating circumstances do not justify or excuse an offense but may reduce the severity of a charge. Similarly, a recognition of mitigating circumstances to reduce a damage award does not imply that the damages were not suffered but that they have been partially ameliorated.

In criminal cases where the death penalty may be imposed, the Supreme Court has held that, under the Eighth and Fourteenth Amendments, juries must be instructed that they may consider mitigating circumstances such as the defendant's youth, mental capacity, or childhood abuse so that they may reach a reasoned and moral sentencing decision. (See Penry v. Lynaugh, 492 U.S. 302, 109 S. Ct. 2934, 106 L. Ed. 2d 256 [1989].) Mitigating circumstances may be used to reduce a charge against a defendant. In People v. Morrin, 31 Mich. App. 301, 187 N.W.2d 434 (1971), the Michigan Court of Appeals reversed and remanded Morrin's conviction on first-degree murder charges because he committed the murder in the heat of passion caused by adequate legal provocation. The court found that because of these mitigating circumstances, the evidence was insufficient to support a first-degree murder conviction, which requires malice aforethought.

In civil actions mitigating circumstances may be considered to reduce damage awards or the extent of the defendant's liability. In Cerretti v. Flint Hills Rural Electric Cooperative Ass'n, 251 Kan. 347, 837 P.2d 330 (1992), the Supreme Court of Kansas held that a court, in reviewing a damage award, may consider any mitigating circumstances that affected the intent of the defendant, the financial worth of the defendant, or the plaintiff's expenses.

Many states allow defendants in Defamation actions to prove mitigating circumstances by showing that they acted in Good Faith, with honesty of purpose, and without malice in speaking or publishing the defamatory words. If the court is convinced that legitimate mitigating circumstances existed, it may reduce the amount of damages the defendant is required to pay. In Roemer v. Retail Credit Co., 44 Cal. App. 3d 926, 119 Cal. Rptr. 82 (1975), the defendant claimed that the plaintiff defaced the wall of his office, thereby mitigating the defendant's liability for defamatory statements. However, the court did not allow the defendant to introduce this evidence because he could not prove that the plaintiff was responsible for the defacement.


Capital Punishment; Criminal Law.

mitigating circumstances

n. in criminal law, conditions or happenings which do not excuse or justify criminal conduct, but are considered out of mercy or fairness in deciding the degree of the offense the prosecutor charges or influence reduction of the penalty upon conviction. Example: a young man shoots his father after years of being beaten, belittled, sworn at, and treated without love. "Heat of passion," or "diminished capacity" are forms of such mitigating circumstances. (See: heat of passion, diminished capacity, "twinky" defense)

See: extenuating circumstances

mitigating circumstances

References in periodicals archive ?
There is a chance the promoter/venue has a clause in their contract that if something happens which is out of their control there is mitigating circumstances.
But did the mitigating circumstances justify such a short custodial sentence?
Danny even tries to get Nana McQueen onside, and asks her to convince her grandson that he should plead mitigating circumstances.
The mitigating circumstances that led to the inflated price that were revealed with a detailed geo-technical assessment included soil and slope instability that required the span of the bridge to be extended
Seeking life sentence for convicts, all defence counsels submitted a list of common mitigating circumstances including poverty, young age, no criminal antecedents.
Arguing that there were no mitigating circumstances favouring the accused, the prosecution had demanded Shahzad be sentenced to death.
A final section concludes with a case that highlights the tensions between interpreting the law for equality while remaining sensitive to mitigating circumstances.
Mikel has not denied the charge in the fall-out from the race case with the match official, but he has requested a personal hearing to put forward mitigating circumstances.
html) Digital Spy that there were obvious mitigating circumstances for the delay.
HEARTS claim mitigating circumstances are behind their decision to stand by a player for shameful crimes against a 12 and a 14-year-old girl.
11, including new instructions on a defendant's constitutional right not to testify; changing the definition of mitigating circumstances including that the burden of proof is the greater weight of the evidence rather than being "reasonably convinced;" clarifying that only statutorily enumerated aggravating factors may be considered; and approving an instruction to give great weight to the jury's recommendation on the death penalty, although that instruction will not be given if the defendant does not present mitigating circumstances.