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Simple English definitions for legal terms
aggravating circumstance
Read a random definition: South Western Reporter
A quick definition of aggravating circumstance:
An aggravating circumstance is a fact or situation that makes a crime worse or more serious. It can be used to decide how severe the punishment should be, especially in cases where the death penalty is an option. On the other hand, a mitigating circumstance is a fact or situation that doesn't excuse the crime, but can make the punishment less severe. For example, if someone committed a crime because they were forced to do it, that could be a mitigating circumstance. It's important for judges and juries to consider both aggravating and mitigating circumstances when deciding on a punishment.A more thorough explanation:
An aggravating circumstance is a fact or situation that increases the degree of liability or culpability for a criminal act. It can also be a fact or situation that is considered by the court in imposing punishment, especially in a death sentence. This is different from a mitigating circumstance, which reduces the degree of culpability and may lessen the severity of a sentence.
- In a murder case, an aggravating circumstance could be if the victim was a child or if the murder was committed for financial gain.
- In a robbery case, an aggravating circumstance could be if the defendant used a weapon or if the victim was injured during the robbery.
These examples illustrate how an aggravating circumstance can increase the severity of a crime and the punishment imposed on the defendant. It is important for the court to consider both aggravating and mitigating circumstances when determining a sentence.