What does mitigating circumstances mean in the law?

Question

reason for an un streetwise child.

Thanks i now understand what the word means i just hope its all fair in court for the victim and all the kids that are cocerned in a case. we'll have to wait and see. thanks

Answer 1

Although something you have done may be illegal, mitigating circumstances can shed light on why you did it, and more importantly why the court should be lenient with you.

Answer 2

Define Mitigating Circumstances

Answer 3

Mitigating Circumstances Definition

Answer 4

Hi Polly

What is mitigation and what are mitigating circumstances.?

Mitigation and the stated circumstances refer to a person or entity, such as a company who has been found guilty of an offence in criminal law or is used in civil litigation to explain the reason for,and/or result of a specific act or omission.

People can appear before the courts for things they should have done, but failed to do, as well as for things they have said or done.

Mitigation is entered when a verdict or decision has been given against a defendant, not the complainant or victim as mentioned above. It cannot be entered before.

Anything said or submitted before the decision is evidence.

Hope this clarifies things

Answer 5

This Site Might Help You.

RE:
What does mitigating circumstances mean in the law?

Answer 6

In criminal law, mitigating circumstances conditions or happenings which do not excuse or justify criminal conduct, but are taken into account out of compassion or fairness in deciding what the penalty should be if the accused is convicted. Example: a woman knifes her husband after years of being beaten, belittled, sworn at and treated without love. "Heat of passion" or "diminished capacity" are forms of such mitigating circumstances.
It is customary after conviction for the defence lawyer to make a plea in mitigation in order to persuade the bench to be as lenient as possible when passing sentence. Even when the circumstances of the case do not entirely amount to mitigating circumstances, everything that could possibly contribute to reducing the sentence will be said.

Answer 7

Mitigating circumstances are instances that do not excuse you from a crime but may have led you to commit the crime. For example, say a child in school has been being bullied by another child for years, belittled, assaulted, and/or robbed by the bully for a very long time and finally the child beats up the bully. The child would still be guilty of assaulting the bully but the years of being bullied and assaulted would be a leading factor in why the assualt happened and could possibly lead to a lessening in sentencing.

Answer 8

That depends on your age. If you are under about 21, I would simply pay the ticket and let it go as long as he didn't give you something ridiculous. It will be off your record in a year or year and a half and you never have to think about it again. The chances of him showing up are slim- cops generally have better things to do than to go defend a ticket they gave out that they probably don't even remember. But you are right, if he does show up you'll likely get slapped with more court fees. Either way you will pay court fees if you challenge it. I always recommend to friends to just pay their speeding tickets unless the circumstances are exceptional. By that I mean you were going five miles over and he slapped you with a 500 dollar ticket.

Answer 9

It basically means any circumstances that may mean that the victim can not be held totally responsible, or that may have lead to the victim committing the crime. For example a mitigating circumstance of shoplifting in UK law is poverty. In murder cases domestic violence is a mitigating circumstance.
Typically after a verdict of guilty is given then a report will be filed detailing any such factors. Judges, as well as acting in the interests of law, are also bound by 'public policy'- they have to also act according to general public feeling. In the case of Re:Sigsworth, a civil case, it was decided that it would be morally wrong for a man to inherit the estate of his mother who he had killed for this, for moral reasons despite his entitlement in law. The idea is to ensure cases are fair to the nature of the crime as well as to the crime itself. You would not treat a mother who stole to feed a family the same way as another person who stole for greed.
For more info, Emmins On Sentencing is very good, with detailed information on sentencing guidelines. I used it when I did Law A-Level. It is one of the favourites of judges and barristers.

Answer 10

Are mitigating circumstances conclusive