Legal Definitions - enhancement

In legal terms, an enhancement refers to an increase or addition to a penalty, charge, or award, typically applied when specific aggravating factors or circumstances are present. These factors make a situation more serious than it would otherwise be, leading to a more severe outcome.

• Criminal Sentencing (Repeat Offender):

  Imagine a scenario where an individual is convicted of driving under the influence (DUI) for the third time within a five-year period. While a first-time DUI conviction carries a standard set of penalties, many jurisdictions have laws that mandate significantly harsher sentences for repeat offenders.

  Explanation: In this case, the prior DUI convictions act as an enhancement to the current charge. The fact that it's a third offense means the judge is legally required or permitted to impose a much longer jail sentence, a higher fine, and a more extensive license suspension than for a first-time offender, due to the aggravating factor of repeated dangerous behavior.

• Criminal Sentencing (Vulnerable Victim):

  Consider a situation where a defendant is found guilty of theft. During the trial, it is proven that the victim of the theft was an elderly person with a cognitive impairment, and the defendant specifically targeted them due to their vulnerability.

  Explanation: The victim's vulnerable status and the defendant's deliberate targeting of that vulnerability serve as an enhancement to the standard theft charge. Many laws provide for increased penalties when crimes are committed against particularly vulnerable individuals, recognizing the greater harm and societal concern involved. This means the defendant could face a more severe sentence than if the theft had been committed against an able-bodied adult without such a specific targeting.

• Civil Damages (Punitive Awards):

  Suppose a pharmaceutical company knowingly markets a defective drug, despite being aware of serious side effects, leading to widespread harm among patients. A group of affected patients sues the company.

  Explanation: Beyond awarding the patients money to cover their medical bills and lost wages (compensatory damages), the court might also impose an enhancement in the form of punitive damages. These additional damages are not meant to compensate the victims for their losses, but rather to punish the company for its egregious and reckless conduct and to deter similar behavior by other companies in the future. The company's malicious disregard for patient safety acts as the aggravating factor justifying this enhancement.