mitigating circumstance


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Related to mitigating circumstance: Extenuating circumstances
References in periodicals archive ?
In the alternative, if the CA will affirm his conviction for homicide, Pemberton, through his legal counsel Rowena Garcia-Flores, urged the appeals court to consider the privileged and ordinary mitigating circumstances in imposing the penalty.
We the jury unanimously find that the aggravating factors that were proven beyond a reasonable doubt (Section A) outweigh the mitigating circumstances established (Section C above) as to Count .
The court agreed that Poyson's drug use was not a statutory mitigating circumstance under A.
Furthermore, in imposing a sentence, the Chamber found that it could take into account a number of factors, including: the individual and family circumstances of the Accused, age, health, general behaviour, previous criminal record, behaviour whilst in custody, and aggravating and mitigating circumstances.
However, realizing the novelty of the case, the district court judges asked the Fifth Circuit Court of Appeals to consider whether an individual's condition should be assessed with or without mitigating circumstances when determining whether that individual is disabled under the ADA.
A mitigating circumstance is anything that tends to support a sentence of life imprisonment without the possibility of parole rather than a death sentence.
begin strikethrough]A mitigating circumstance need not be proved beyond a reasonable doubt by the defendant.
In the decision, the Court noted that the Appeals Board accepted as mitigating circumstances the officers' lack of previous criminal record, as well as the fact that they had been out of the job for seven years.
Having met the requisites, Pemberton should be accorded the benefit of the mitigating circumstance of intoxication, the court said.
However, they did allow the appeal on the grounds of significant mitigating circumstances.
It appears that the guilty plea was entered into deliberately and with full knowledge of its effects With the application of the mitigating circumstance of plea of guilty, the court hereby finds the accused guilty beyond reasonable doubt of the crime of perjury," the decision read.
A mitigating circumstance may include any aspect of the defendant's character or record and any other circumstance of the offense.